R.Kanivannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5664 of 2022 R.KANIVANNAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, TOWN POLICE STATION, KARAIKKAL, PUDUCHERRY (CRIME NO.50 OF 2022) For Petitioner : M/S D.SAIKUMARRAN Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor For Puducherry 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), 323, 324, 506 (ii) r/w 34 of IPC, in Crime No.50 of 2022 seeks anticipatory bail.

2. On perusal of FIR indicates that, the defacto complainant is running a "SPK Raja Sweet Shop" near Karaikal New Bustop. On 02.03.2022 at about 9.00 pm, an unknown person came to his shop in White Colour Bolero Car, bearing Registration No. TN 82 U 1036, took a mixture packet and went without paying. It is further alleged that the defacto complainant went behind the person and demanded money for the mixture, for which the petitioner took. At that time a quarrel arose between the petitioner and the defacto complainant. The other occupants who were accompanied with the petitioner got down from the White Colour Bolero Car had attacked the defacto complainant and threatened him with dire consequences and left the plave. After the https://hcservices.ecourts.gov.in/hcservices/

incident, the defacto complainant was taken to the Karaikal Government Hospital for treatment. The complaint was recorded by the respondent police and enquired the defacto complainant. Later he came to know that the person who took the snack packet is one Mr.Kanivannan, who is the petitioner before this Court seeking anticipatory bail stating that he is nothing to do with the alleged crime.

4. However, on perusal of the FIR as well as the statement made by the learned Public Prosecutor representing Puducherry Government it is very clear that, the said White Colour Bolero Car belongs to the petitioner herein and he is the person who came to the defacto complainant's shop and took the mixture packet without paying.

5. Considering the grave nature of crime, this Court is not inclined to entertain this petition.

6. Accordingly, this anticipatory bail is dismissed. -sd/- 10/03/2022 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, TOWN POLICE STATION, KARAIKKAL, PUDUCHERRY 2 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S D.SAIKUMARRAN Advocate on payment of necessary charges CRL OP.5664/2022 Date :10/03/2022 JPA 22/03/2022 https://hcservices.ecourts.gov.in/hcservices/