BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.10480 of 2011 RAMESH @ RAMESH KUMAR ... PETITIONER / ACCUSED 6 Vs STATE REP BY:: THE INSPECTOR OF POLICE SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. ( IN CRIME NO.18 OF 2010 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.M.A. JINNAH Advocate For Respondent : MR. K.S. DURAIPANDIAN,ADDITIONAL PUBLIC POROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under sections 147, 341, 120(b), 201 and 302 r/w. 34 of IPC., in Crime No. 18 of 2010, the petitioner is before this Court seeking anticipatory bail. 2. According to the case of prosecution, the deceased was murdered by the accused due to previous motive. He was proceeding a motor cycle and he was done to death by incriminately attacking him and causing injuries. 3. According to the leaned counsel for the petitioner, charge sheet has been laid in this case and the other accused have already been granted bail on their arrest. He would further submit that the petitioner will not away the process of law. 4. The learned Additional Public Prosecutor( Crl. Side) would submit that there is a specific overt act as against the petitioner. During investigation, the petitioner attacked the deceased with a knife and caused number of injuries. Thus, according to the learned Public Prosecutor, there is a prima facie case made out against the petitioner and therefore, the petitioner is not entitled for anticipatory bail. 5. It is brought to the notice of this court that on an earlier occasion, the petitioner filed Crl OP.No. 2454 of 2011 seeking anticipatory bail and the matter was listed on several hearings and https://hcservices.ecourts.gov.in/hcservices/ finally on 14.03.2011, the same was dismissed as not pressed. Again the petitioner filed another petition in Crl OP.No. 5583 OF 2011 seeking anticipatory bail on 25.04.2011. That petition was also heard for three hearings and finally that was also dismissed as withdrawn on 14.06.2011. Again the petitioner has come up with this petition and this was filed on 08.08.2011 and the matter has been pending from then onwards and the matter was listed for several hearings. It is not known to the court as to why despite the dismissed of those petitions the petitioner did not choose to act as per rule of law either to surrender before the police or to surrender to the Court. Earlier the petitions for anticipatory bail were dismissed in the month of March 2011 and in the month of June 2011. Though, it may be true that charge sheet has been laid against the petitioner, but that cannot be a ground anticipatory bail to the petitioner. There are sufficient materials collected against the petitioner to show his involvement in the crime. As pointed out by the learned Additional Public Prosecutor (Crl. Side), the petitioner has caused injuries on the deceased with a knife. Thus there is a strong prima facie case against the petitioner. Though, the petitioner would submit that other accused have been granted bail, on that score anticipatory bail cannot be granted to the petitioner. I find that there is no reason to grant anticipatory bail to the petitioner, hence, this petition is dismissed. sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE INSPECTOR OF POLICE SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. 2 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI 1. CC to M/S. S.M.A. JINNAH Advocate SR.No.37606 DM::2011:NOVEMBER:12:: ORDER IN CRL OP(MD) No.10480 of 2011 Date :02/11/2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/