Madras High CourtCRL OP/6785/2022dismissed

P.Nethaji v. State Rep By

2022-03-24Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6785 of 2022 1 P.NETHAJI [ PETITIONERS / ACCUSED ] 2 P.ARAVINTHAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MOHANUR POLICE STATION, (CRIME NO.63 OF 2022) For Petitioners : M/S S.ARJUN 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under sections 294(b), 323, 324 and 506(i) in Crime No.63 of 2022 seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are arrayed as A1 and A2. Due to previous enmity, the petitioners using obscene words attacked the defacto complainant with stone and caused head injury. Both the petitioners threatened the defacto complainant by using hands. Hence, FIR has been registered against the petitioners.

3. The learned counsel for the petitioner submits that for the alleged occurrence took place on 05.03.2022 and the FIR was registered only on 07.03.2022. He further submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) says that the Accident Register reveals various injuries including lacerated wounds over the vital part of body including the head of the defacto complainant. He further submits that the investigation is still in progress. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the injury caused by the petitioners, this Court is of the view that the incident had took place due to the previous enmity and grant of anticipatory bail to the petitioners lead to the recurrence of this offence.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/03/2022 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, MOHANUR POLICE STATION, NAMAKKAL DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.ARJUN Advocate on payment of necessary charges CRL OP.6785/2022 Date :24/03/2022 JPA 31/03/2022 https://hcservices.ecourts.gov.in/hcservices/