Madras High CourtCRL OP/5137/2022dismissed

Appu @Sivaganesh v. State Rep By

2022-03-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5137 of 2022 APPU @SIVAGANESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VEDARANYAM POLICE STATION, VEDARANYAM, NAGAPATTINAM.

CRIME NO. 30 OF 2022.

For Petitioner : M/S. M.GOVINDARAJU 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 :- This petition filed for anticipatory bail for an offence under Sections 294(b), 307 of IPC.

2. The case of the prosecution is that on the date of occurrence, while the defacto complainant returning to his home, at that time, the petitioner also returning to him home in his tractor and he had not give the way to him which was questioned by the defacto complainant, resulted in wordy quarrel between them, suddenly the petitioner attacked the defacto complainant and sustained injuries.

3. The learned counsel for the petitioner has submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he pleads for anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that due to cut injury, the defacto complainant sustained 18 sutures and discharged from the hospital very recently. He further submits that the earlier anticipatory bail petition filed by the petitioner before this Court is dismissed as withdrawn in Crl.OP.No.3435 of 2022 dated 16.02.2022.

5. The FIR indicates that the petitioner and the defacto complainant has picked quarrel at midnight on the road, when the petitioner herein alleged to have refused to give way to the defacto complainant and walking had irritated the petitioner herein when the defacto complainant questioned him for not giving way to proceed. At that time, the petitioner herein had chased the defacto complainant and caused injury.

6. Taking note of the fact that the petitioner has brutally attacked the defacto complainant and now absconding from interrogation, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original petition is dismissed. -sd/- 04/03/2022 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, VEDARANYAM POLICE STATION, VEDARANYAM,NAGAPATTINAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.GOVINDARAJU Advocate on payment of necessary charges CRL OP.5137/2022 Date :04/03/2022 RW 17/03/2022 https://hcservices.ecourts.gov.in/hcservices/