BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD)Nos.13441, 13444 and 13447 of 2011 ALNATH ... PETITIONER / ACCUSED RANK NOT KNOWN IN ALL THE PETITIONS Vs STATE REP BY:: THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, TUTICORIN DISTRICT, CRIME NOS.185, 187 AND 67 OF 2011 ... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S. N.ANANDAKUMAR Advocate in all the Petitions For Respondent : MR. K.S. DURAIPANDI, GOVTERNMENT ADVOCATE (CRL SDIE) in all the Petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- In all these petitions, the petitioner has come up seeking anticipatory bail. The petition in Crl OP.No. 13441 of 2011 relates to the case in Crime No. 185 of 2011 on the file of the Arumuganeri Police Station, Tuticorin District for offences under Sections 147, 148, 436 IPC read with 120(b) IPC and 3(1) of TNPPDL Act. The petition in Crl OP.No. 13444 of 2011 relates to the case in Crime No. 187 of 2011 on the file of the Arumuganeri Police Station, Tuticorin District for offences under Sections 147, 148, 120(b) IPC and 3(a) of Essential Commodities Act. The petition in Crl OP.No. 13447 of 2011 relates to the case in Crime No. 67 of 2011 on the file of the Arumuganeri Police Station, Tuticorin District for offences under Section 341, 307 read with 120(b) IPC. 2. It is the admitted case of the petitioner that in all these three cases, the petitioner was earlier arrested and remanded to judicial custody. It is the case of prosecution that after judicial remand, the petitioner was in Central Prison, Trichy. At that time, since he complained of chest pain, he was taken to the Government General Hospital, Trichy, and admitted as inpatient on 31.08.2011. From the hospital, he gave a slip and escaped from the custody. Regarding the same, and case has been registered against him in Crime No. 194 of 2011. After such escape, the petitioner has not chosen to surrender before the learned Magistrate. Now, he has come forward with these petitions with a strange prayer for anticipatory bail apprehending arrest at the hands of the respondent police. 3. The learned counsel for the petitioner in all the petitions would submit that the petitioner did not abscond on his won. Instead, https://hcservices.ecourts.gov.in/hcservices/ according to him, he was taken by the police from the hospital, while he was unconcious and left in a running bus. When the bust reached Erode the petitioner regained consciousness and thereafter he came to know that he was in the bus. Therefore, according to him, the petitioner never intended to abscond and as a matter of fact, he did not abscond also. Therefore, according to the learned counsel, the petitioner is entitled for anticipatory bail. 4. In my considered opinion, these three petitions are clear abuse of process of law as well as court. Admittedly, the petitioner was arrested in connection with all the three cases and remanded to judicial custody. Therefore, question of grant of anticipatory bail does not arise. The petitioner is a remand prisoner as of now. But he has escaped from the custody. If it is true that he did not escape and he was put in a bus in an unconcious stage, nothing would have prevented him to go to the jail and to surrender himself. This conduct of the petitioner would go to show that he has no regard at all for law. In these three cases, the offences said to have been committed by him are also very grave. Thus, I have no hesitation to hold that these three petitions are clear abuse of the Court as well as law and so, the petitions deserve to be dismissed with heavy costs. 5. In the result, these petitions are dismissed with a cost of Rs.5,000/- (Rupees Five Thousand only) to be paid by the petitione to the Hon'ble Chief Justice Relief Fund of this Court. The only way open to the petitioner is to surrender before the Court and get into the judicial remand forthwith. sd/- 14/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT MADURAI 3 THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, TUTICORIN DISTRICT 1CC TO MR. N. ANANDAKUMAR, ADVOCATE, SR:36001: DM::2011:OCTOBER:::19:: ORDER IN CRL OP(MD) Nos.13441, 13444 and 13447 of 2011 Date :14/10/2011 3p:5c:: https://hcservices.ecourts.gov.in/hcservices/