Thiyagu v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4832 of 2022 THIYAGU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ROSHANAI POLICE STATION, TINDIVANAM (CRIME NO.46 OF 2021) For Petitioner : M/S N.GANESHMURTHY Advocate For Respondent : MR.S.SANTHOSH, 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 294(b), 324, 307 and 506(2), in Crime No.46 of 2021 seeks anticipatory bail.
2. This petition is filed for anticipatory bail in which the petitioner is arrayed as A1, in a case of causing injury with an intention to cause death of the defacto complainant when there was some dispute between the petitioner and the defacto complainant group.
3. The learned counsel for the petitioner would submit that the co-accused was already granted anticipatory bail and hence the same yardstick may be applied to the petitioner.
4. However, on considering the FIR, this Court finds that there is an overt act attributed against the petitioner, who has been arrayed as first accused alleged to have caused grievous injuries to the defacto complainant using knife. Therefore, the overt act of this petitioner is different from the overt act of the other accused. https://hcservices.ecourts.gov.in/hcservices/
5.Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/03/2022 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, ROSHANAI POLICE STATION, TINDIVANAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S N.GANESHMURTHY Advocate on payment of necessary charges CRL OP.4832/2022 Date :02/03/2022 JPA 15/03/2022 https://hcservices.ecourts.gov.in/hcservices/