Madras High CourtCRL OP(MD)/22990/2023dismissed

C.Vicky @ Vignesh v. The Sub Inspector Of Police

2024-01-03Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 C.VICKY @ VIGNESH 2 A.NAGARAJ ... Petitioners / Accused No.1 & 2 Vs THE SUB INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT, (CRIME NO.247/2023) ... Respondent / Complainant For Petitioners :

M/s.M.Chellapandi, Advocate For Respondent :

Mr.P.Kottaichamy, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.247/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 294(b), 324 and 506(ii) of IPC in Crime No.247 1/3

of 2023, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant well known the accused persons from his childhood. On 10.12.2023 at about 06.30 p.m., the petitioners threatened the defacto complainant and demanded money for consumption of alcohol. When the defacto complainant refused his demand, the defacto complainant was attacked by the accused persons. Thereby, the present complaint has been registered.

3. The learned counsel appearing for the petitioners would submit that the petitioners has not committed any offence as alleged by the prosecution and the petitioners is falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the petitioners are habitual offenders. Apart from this case, nine previous cases are pending against the 1st accused, and four previous cases are pending against the second accused, which are not in similar nature. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that already nine previous cases are pending against the 1st petitioner and four previous cases are pending against the 2nd petitioner and they are habitual offenders, 2/3

I am not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Sub Inspector of Police, Perungudi Police Station, Madurai District.

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

ORDER

IN Date :03/01/2024 ED/ VR /SAR- (09/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3