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Madras High CourtCRL OP/203/2023dismissed

Manju @ Manjunathan v. State Rep.By Its

2023-01-24Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 448, 294(b), 323, 324, 363, 506(ii) of IPC @ 307 of IPC in Crime No.206 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 07.11.2022, the petitioners along with other accused have trespassed into the house of the defacto complainant and abused him in filthy language and also caused injury to him by way of attack, when the same was restrained by father and mother of the defacto complainant, they were also threatened by them. Thereafter, they took the defacto complainant to a Paaparapatti burial ground, wherein they attacked him with knife on the left side of forehead and also left his little finger in the attack. Hence the complaint.

3.The learned counsel for the petitioner would submit that due the petitioner is an innocent person and due to previous enmity, in order to wreck vengeance, the defacto complainant gave a false complaint. He would 1/4

further submit that the petitioner now the injured has also been discharged from the hospital and the co-accused in this case have already been released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) would submit that the petitioner along with the other accused trespassed into the house of the defacto complainant and assaulted him with knife, in which the defacto complainant sustained injuries. He would further submit that the co-accused in this case, who were already granted bail by this Court, have not complied with the conditions imposed by this Court in Crl.O.P.Nos. , therefore, if the petitioner is granted bail at this stage, he will hamper the investigation and tamper the witnesses. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and taking note of the fact that the co-accused in this case have not complied with the conditions imposed by this Court, this Court feels that if the petitioner is granted anticipatory bail, he will also not comply the order, thereby, this Court is not inclined to grant bail to the petitioner. 2/4

6.Accordingly, this Criminal Original Petition is dismissed. 24.01.2023 vkr 3/4

T.V.THAMILSELVI, J.

vkr 24.01.2023 4/4