BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S. TAMILVANAN CRL OP(MD) No.13320 of 2011 1 SASIKUMAR @ K.P. SIVAKUMAR PROP. THEE STAR HOTEL, KUZHITHURAI, S/O. PICHANDI PILLAI, PERUMTHERU, KUZHITHURAI, KANYAKUMARI DISTRICT 2 JAFFER @ JAPPER @ ABDUL JABAR ... PETITIONERS/ACCUSED 1 & 2 VS STATE REP. BY ITS THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. CR NO.526/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.WILFRED PRAKASH ADVOCATE FOR RESPONDENT : MR.A.P.BALASUBRAMANI GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- Heard both the learned counsel appearing for the petitioners as well as the learned Government Advocate appearing for the respondent. 2.This petition has been filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in the event of arrest of the petitioners, pursuant to the case registered in Crime No.562 of 2010. 3.It is an admitted fact the petitioners herein, facing charges under Section 379 IPC in Crime No.562 of 2010 on the file of the respondent police, had earlier filed Crl.O.P.[MD]No.11180 of 2010 before this Court and got anticipatory bail, by order, dated 28.09.2010. Subsequently, by order, dated 08.08.2011 made in MP[MD]No.2 of 2011 in Crl.O.P.[MD] No.11180 of 2010, it was held by this Court[JUSTICE R.MALA] that the respondents 2 and 3 therein, who are the petitioners herein had given two different names, one before the Sessions Court and another before this Court and they failed to mention about the dismissal of the earlier application for anticipatory bail filed by them which could be suppression of material fact and liable for cancellation of bail, accordingly, as per the order passed in M.P.[MD]No.2 of 2011 in Crl.O.P. [MD]No.11180 of 2010, dated 08.08.2011, the anticipatory bail already granted was cancelled by this Court. Without challenging the aforesaid order, the petitioners herein have filed again this present petition under Section 438 Cr.P.C. seeking anticipatory bail, which is not legally maintainable. https://hcservices.ecourts.gov.in/hcservices/ 4.Learned Government Advocate appearing for the respondent would also submit that after getting anticipatory bail and cancellation of the same, the petitioners are absconding. Learned counsel appearing for the petitioners submitted that the petitioners are not absconding but extending proper co-operation. However, it is made clear that after cancellation of the anticipatory bail without challenging the order passed by this Court, the petitioners cannot maintain another petition, seeking anticipatory bail since anticipatory bail is only an interim protection given for any person, which cannot be a permanent measure for years together. In the aforesaid circumstances, I am of the view that this petition is liable to be dismissed. 5.In the result, this Criminal Original Petition is dismissed. sd/- 19/10/2011 / 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, KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. ORDER IN CRL OP(MD) No.13320 of 2011 Date :19/10/2011 2P/3C RPB : 29.10.2011 https://hcservices.ecourts.gov.in/hcservices/