The court dismissed the petitioner's application for anticipatory bail in a criminal case involving assault with a knife and other IPC offences. The court found the petitioner to be an habitual offender who caused grievous injuries.
The petition for anticipatory bail was dismissed.
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.
Crl.O.P.No.27501 of 2023
Crl.O.P.No.27501 of 2023
A.D.JAGADISH CHANDIRA , J.
The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323, 324
& 506(ii) of IPC @ 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.165 of 2023, seeks anticipatory bail.
complainant/Sakthivel, is that on 11.06.2023 around 11.00 p.m., when the defacto complainant after finishing the village festival called the first accused through phone and they both were chatting near BDO Office, at that time, the petitioner along with other accused abused the defacto complainant and also assaulted him with knife and thereby causing injuries to him. Hence the case.
3.The learned counsel for the petitioner submitted that this is the third anticipatory bail application filed by the petitioner and the earlier
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Crl.O.P.No.27501 of 2023
applications in Crl.O.P.Nos.14378 & 16374 of 2023 were dismissed by this Court on 28.06.2023 and 26.07.2023 on the ground that the petitioner has got four previous cases. He further submitted that other co-accused has been enlarged on anticipatory bail and thereby, he seeks for grant of anticipatory bail to the petitioner.
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Crl.O.P.No.27501 of 2023
also submitted that now there is no change in circumstances of the case. Hence, he prayed for dismissal of the petition.
materials available on record including the First Information Report and Wound Certificate of the victim.
7.Taking into consideration the facts and circumstance of the case and
the submissions made by the learned counsel on either side and there is no change of circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.
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Crl.O.P.No.27501 of 2023
A.D.JAGADISH CHANDIRA, J.
nti
08.12.2023
nti
Crl.O.P.No.27501 of 2023
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1 issue framed by the court
Whether anticipatory bail must be granted to the petitioner who is an habitual offender with pending cases and who caused grievous injuries in the current offence?
A.D. Jagadish Chandira
The State of Tamil Nadu represented by the Public Prosecutor
Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
