P Rajapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM P Rajapandian, ... Petitioner/Accused No.19 Vs The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

Crime No. 55 of 1994.

... Respondent/Complainant For Petitioner : Mr.V.Poominathan Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 55 of 1994 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 427, 332,452, 506(ii) of IPC r/w 3(i) of 1/4

TNPPDL Act, 1992, in Crime No.55 of 1994 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused said to have trespassed into the respondent police station and damaged the government property. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that already co-accused was granted anticipatory bail by the Court below. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that totally 28 accused are involved in this case. The petitioner is arrayed as A19. The respondent police after completion of investigation, filed a final report, before the learned Principal District and Sessions Judge, Pudukottai, and the same was taken on file in PRC.No.31 of 2003. Thereafter, the case was posted to 06.11.2023, for the appearance of the petitioner and the other co-accused. On that day, there was no representation for the petitioner. Hence, Non Bailable Warrant was 2/4

issued against the petitioner and the same is pending. In such circumstances, there is no question of anticipatory bail. Hence, he strongly objected to grant anticipatory bail to the petitioner.

5.Considering the gravity of the offence and also considering the fact that Non Bailable Warrant issued against the petitioner is pending, this Court is not inclined to grand anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed.

7. The petitioner should be surrendered before the trial Court. On such surrender, the trial Court may dispose the case on merits on the same day itself. sd/- 12/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 3/4

TO

1. The Judicial Magistrate Court, Aranthangi, Pudukottai District..

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22265 of 2023 Date :12/12/2023 RK/JGB (27/12/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4