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Madras High CourtCRL OP/6828/2023dismissed

R.Manimaran @ Chinnadurai v. Inspcetor Of Police

2023-03-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest for the alleged offences under sections 294(b), 323, 324 & 506(ii) of IPC, in Crime No.84 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant, Veeran, is that on 05.03.2023, the accused were assaulting one Parthiban, who is the relative of the de-facto complainant, during which, the defacto complainant has questioned the accused, thereby, they have abused the de-facto complainant in a filthy language and assaulted him with knife, resulting in which, he has sustained with grievous injuries. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that only the de-facto complainant and his

relative have attacked the petitioner and his friends, due to which, a case was registered against the de-facto complainant in Crime No.85 of 2023. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that it is the case, where, the petitioner along with other accused, have abused and assaulted the relative of the de-facto complainant and when it was prevented by the de-facto complainant, he was assaulted by the accused, due to which, he sustained grievous injuries. He further submitted that it is a case and a case in counter and also stated that the injured has been discharged from the hospital. He also submitted that as far as this petitioner is concerned, he is a habitual offender and a history sheeted, against whom 6 previous cases are pending. Hence, he opposed for granting anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed.

30.03.2023 ham

A.D.JAGADISH CHANDIRA, J.

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