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Madras High CourtCRL OP/463/2022dismissed

Abishek v. The State Rep By Its

2022-01-11Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eleventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.463 of 2022 ABISHEK [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, GOVERNMENT RAILWAY POLICE STATION, THIRUVALLUR.

(CR.NO.129 OF 2021) For Petitioner : M/S.D.R.SAMPATH KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) 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 alleged offences under sections 174 of Cr.P.C., @ 294(b), 323, r/w 306 of IPC, in Crime No.129 of 2021 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused had teased and abused the deceased using filthy language. It is further alleged that they had attacked the deceased with beer bottle and due to their inducement, the deceased committed suicide by falling before the running train and thereby the deceased lost his life. Hence, the Law Enforcing Agency registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submits that the petitioner is a college student and he is pursuing B.com and further he is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the co-accused anticipatory bail application was dismissed by this Court in Crl.O.P.No.403 of 2022 dated 10.01.2022. He further submitted that the investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to petitioner.

5.Considering the gravity of offence committed by the petitioner and the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 11/01/2022 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, GOVERNMENT RAILWAY POLICE STATION, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.R.SAMPATH KUMAR Advocate on payment of necessary charges CRL OP.463/2022 Date :11/01/2022 CSK 27/01/2022 https://hcservices.ecourts.gov.in/hcservices/