DHIVAN Vs. STATE

JUDGEMENT

(1.) Apprehending arrest at the hands of the respondent police in connection with P.R.C. No. 78 of 2009 on the file of the Judicial Magistrate No. III, Cuddalore for alleged offences under Section 323, 506(ii), 302 r/w 201 of IPC, the petitioner has come forward with this petition seeking anticipatory bail.

(2.) Originally, this case was registered under Sections 323, 506(ii) and 201 of IPC. The petitioner, during investigation, was arrested and later on released on bail by the learned Judicial Magistrate. When final report was submitted, Section 302 of IPC was also added. On the basis of the said final report, according to the petitioner, he is again sought to be arrested by the respondent police not withstanding the fact that he has already been granted bail by the learned Magistrate. It is in these circumstances, the petitioner is before this Court with this petition seeking anticipatory bail.

(3.) The core question is, whether the respondent police has got power to re-arrest the petitioner at this stage though he is enjoying the benefit of order of bail granted by the learned Magistrate?