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Madras High CourtCRL OP/8617/2022dismissed

D.Settu v. The State Rep By

2022-04-13Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8617 of 2022 1 D.SETTU [ PETITIONERS / ACCUSED ] 2 M.KUMARAVEL Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NEMILI POLICE STATION, RANIPET DISTRICT.

(CRIME NO.56/2022) For Petitioner : MR.MA.P.THANGAVEL FOR M/S.M.LOKESH 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 448, 294 (b), 323, 324, 427, 506(ii) and 307 of IPC in Crime No.56 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners herein are absconding accused in a case were they have attacked two persons with iron rod and damaged the property worth about Rs.65,000/- in the shop of the de facto complainant's uncle.

3.

The learned counsel for the petitioners would submit that the injured discharged from the hospital and two of the accused were already arrested and enlarged on regular bail and he would further admits that a counter complaint has been lodged against the de facto complainant.

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4. This Court after careful reading of both the complaint and the submission made by the counsels on either sides finds that the petitioners herein has attacked the de facto complainant and others are absconding and has given counter complaint to the DSP alleging that the defacto complainant has abused the petitioners using caste name and the same is registered in Crime No.57 of 2022.

5. Considering the nature of weapon used and circumstances under which the occurrence has taken place, this Court finds that it is not a fit case for granting anticipatory bail and if anticipatory bail is granted there may be recurrence of the crime. Hence, petition for anticipatory bail is dismissed.

-sd/- 13/04/2022 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, NEMILI POLICE STATION, RANIPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.LOKESH Advocate on payment of necessary charges CRL OP.8617/2022 Date :13/04/2022 CSK 21/04/2022 https://hcservices.ecourts.gov.in/hcservices/