1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the Twenty Eighth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14758 of 2011 KARTHIK :PETITIONER / ACCUSED NO.4 -Vs- THE STAET REP. BY THE INSPECTOR OF POLICE, KANNIVADI POLICE STATION, DINDIGUL DT. (CRIME NO.160 OF 2011) :RESPONDENT / COMPLAINANT G.MANIKANDA RAJA :INTERVENOR (MP(MD)NO.1/11) For Petitioner : M/S. P.SENTHIL KUMAR,Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. For Intervenor : MR.M.THIRUNAVUKKARASU,Advocate. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 302 of IPC in Crime No.160 of 2011, on the file of the respondent police. He has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard Mr.P.Senthil Kumar, learned counsel for the petitioner, Mr.M.Thirunavukarasu, learned counsel for the intervenor, and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel for the petitioner would submit in his argument that the petitioner has been arrayed as a-4 in the case, in which, he has been falsely implicated. He would further submit in his argument that he was engaged in taking the devotees of Arulmigu Masaniamman temple at the time of occurrence and he has produced the documents to show that he has driven the vehicle for those devotees at Pollachi on the said date. He would also submit in his argument that the petitioner has been implicated only upon the confession statement given by the co-accused which is not sustainable in law. Therefore, he would request for the grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned counsel appearing for the intervenor would submit in his argument that the petitioner has already filed a petition for seeking anticipatory bail and it was dismissed on 18.10.2011 and therefore, there is no subsequent event for granting any relief for the petitioner. 5.The learned Additional Public Prosecutor would submit in his argument that the story putforth by the petitioner before this Court was not accepted and earlier anticipatory bail petition filed by the petitioner was dismissed by this Court on 18.10.2011 and there is no change of circumstances and therefore, the present petition for anticipatory bail has no legs to stand. Hence, he would request this Court to dismiss this petition. 6.Considering the submissions made on either side, I could see that on an earlier occasion, this Court has dismissed the anticipatory bail petition filed by the petitioner in Crl.O.P. (MD).No. 13506 of 2011, dated 18.10.2011. According to the submissions of the learned counsel for the petitioner, he was not present at the place of occurrence at the time and he was not involved in the said occurrence. His case was that he was driving the van for the devotees of Arulmigu Masaniamman temple. The petitioner has produced certain receipts for payment of entry charges and other vehicle records. They show that some payments were made on 27.09.2011.The veracity of those documents have to be decided during investigation as well as the trial in support of oral evidence. At this stage, the copies of those documents have no evidential value and therefore, this Court cannot change its earlier view in the dismissal of earlier plea of anticipatory bail. 7.Therefore, I do not find any merits in this Petition. Hence, this Petition is dismissed. sd/- 28/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Inspector of Police, Kannivadi Police Station, Dindigul District. +1. CC to MR.M.THIRUNAVUKKARASU Advocate SR.No.41710. RP/02.12.2011/2p/4c. ORDER IN CRL OP(MD) No.14758 of 2011. https://hcservices.ecourts.gov.in/hcservices/