Samson v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Samson ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Ambathurai Police Station, Dindigul District. (Crime No.73/2023). ... Respondent/Complainant

For Petitioner : M/s.D.Selvanayagam, Advocate.

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.73/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 341, 326, 506(ii) and 307 IPC in Crime No.73 of 2023 on the file of the respondent Police, seeks anticipatory bail. (The above said offences are corrected as per the alteration report).

2.The case of the prosecution is that the defacto complainant and the petitioners were doing borewell digging business and because of difference of opinion, they separated. Therefore, they are having previous enmity in respect of partitioning joint properties. On 29.05.2023 at about 9.00 p.m., when the defacto complainant was going to his house in his two wheeler, the petitioner intercepted him, picked up quarrel stating that he is spoiling his business and caused assault with aruval. The defacto complainant was taken to the hospital, from where, the statement was recorded, case is registered.

3.The earlier applications filed by the petitioner seeking anticipatory bail in this case was dismissed on the ground that the defacto complainant sustained very serious injuries.

4.I find absolutely no change of circumstances. Repeated filing of applications without any change of circumstances cannot be appreciated.

5.Accordingly, this criminal original petition stands dismissed.

sd/-

07/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV To

1.The Inspector of Police, Ambathurai Police Station, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.19689 of 2023 Date :07/11/2023 ED/DD/SAR- (16/11/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023