← Library
Madras High CourtCRL OP/7987/2023dismissed

Nagaraj v. State Rep By

2023-04-17Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.287 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to previous enmity, on 13.11.2022, the petitioner in an inebriated condition trespassed into the house of the defacto complainant with knife and when the same was questioned, the petitioner abused the defacto complainant and her family in filthy language and also assaulted the defacto complainant's husband with bottle and knife. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submit that he is ready to abide by any condition that may be imposed by this Court. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner in an inebriated condition trespassed into the house of the defacto complainant and also assaulted the defacto complainant's husband with bottles and knife and also threatened them with dire consequences. He further submit that the injured has been discharged from the hospital. He further submit that the petitioner has six previous cases pending against him. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and also the submissions made on both sides and also taking note of the fact that the petitioner has six previous cases pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

17.04.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 17.04.2023