Bala @ Balasubramanian v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Bala @ Balasubramanian, ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.
Crime No. 53/2023..
... Respondent/Complainant For Petitioner : Mr.T.Indrachithu, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 53 of 2023 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No. 53 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. This is the third anticipatory bail petition filed before this Court. The first anticipatory bail petition was allowed in Crl.O.P.(MD).No.6050 of 2023 by an order dated 31.03.2023 and the petitioner was directed to deposit a sum of Rs.20,000/-. This condition was not complied with and the order lapsed. Thereafter, the petitioner filed one more anticipatory bail petition in Crl.O.P.(MD).No.12743 of 2024 and that anticipatory bail petition was also allowed by an order dated 05.08.2024 This Court imposed the very same condition directing the petitioner to deposit a sum of Rs.20,000/-. This condition was not complied with and that order also lapsed. In the year 2025, the third anticipatory bail has been filed by the petitioner.
3. It is clear from the above that the petitioner has taken this Court for granted and he has wasted the time of this Court for the last two years. It is true that the law 2/4
of res judicata will not apply to anticipatory bail petitions. That does mean that it will be misused and the anticipatory bail petitions will be filed one after the other disregarding the earlier orders passed by this Court. This Court does not find any merits in this petition.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police on instructions submitted that the investigation has been completed and police report has been filed and the case is pending in C.C.No.172 of 2023 on the file of the learned Judicial Magistrate, Devakottai and the petitioner has been shown as an absconding accused.
5. In view of the same, the petitioner is directed to surrender before the concerned Court and seek for a regular bail.
6. Accordingly, this petition stands dismissed. sd/- 31/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TSG TO 1 THE INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-1279[I] dated 31/01/2025 )
ORDER
IN CRL OP(MD) No.2089 of 2025 Date :31/01/2025 SS/SKN/SAR- /14/02/2025/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4