In this anticipatory bail petition under Section 438 Cr.P.C., the petitioner, a junior advocate implicated in a murder case due to prior enmity, sought relief noting it was his fifth application. The court noted no change in circumstances and denied bail.
Anticipatory bail under Section 438 Cr.P.C. was denied to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Eighteenth day of May Two Thousand Twenty Two
PRESENT
The Hon`ble Mr Justice G.K. ILANTHIRAIYAN
CRIMINAL ORIGINAL PETITION No.10464 of 2022
A.DHINESH BABU [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT. CR.NO.686 OF 2019.
For Petitioner : M/S.V.LOGESWAREN Advocate
For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor,
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 147, 148 and 302 of IPC 1860, and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act 1922 in Crime No.686 of 2019 on the file of the respondent police, seeks anticipatory bail.
case. Only based on the confession of the co-accused, he has been implicated in this case. Co-accused in this case were arrested and later released on bail and hence, he sought for anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
18/05/2022
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO
1 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S V.LOGESWAREN Advocate on payment of necessary charges
CRL OP.10464/2022
Date :18/05/2022
TA-25/05/2022
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner considering it is his fifth application and no change in circumstances.
Whether the principles governing anticipatory bail in cases of previous enmity applying to this petitioner warrant a departure from the earlier dismissals.
1 provisions across 1 enactments
A.DHINESH BABU
STATE REPRESENTED BY THE INSPECTOR OF POLICE, CHEYYAR
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
