Madras High CourtCRL OP/3125/2022dismissed

Murthy v. The State Rep By

2022-02-09Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3125 of 2022 1 MURTHY [ PETITIONERS / ACCUSED ] 2 JAISHANKAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT 601 201.

(CRIME NO.12 OF 2022) For Petitioner : M/S.S.VIGNESWARAN Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 435, 448 and 506(ii) of IPC, in Crime No.12 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, there was a wordy quarrel arose between the petitioners and the defacto complainant, in which, the petitioners damaged the defacto complainant's two bikes worth about Rs.25,000/-. At the relevant point of time, the petitioner came with knife and petrol cane and burned out two bikes and threatened the defacto complainant's life with dire consequences. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that the investigation is pending. He further submitted that the property worth about Rs.25,000/- was damaged and therefore, if the petitioner is released on bail he may try to tamper the witness and hamper the investigation.

5. The submissions made by the learned counsel on either side are considered.

6. The averments found in the FIR discloses the fact that during the relevant point of time, the petitioner has damaged the vehicle belonging to the defacto complainant to the tune of Rs.25,000/- with knife and petrol cane and after putting the same on the bike, he put on fire. The allegation is grave in nature. This Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/02/2022 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, ARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT 601 201.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.VIGNESWARAN Advocate on payment of necessary charges CRL OP.3125/2022 Date :09/02/2022 RW 21/02/2022 https://hcservices.ecourts.gov.in/hcservices/