Madras High CourtCRL OP/12605/2022dismissed

Arokkiyaraj v. State By The Inspector Of Police

2022-06-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12605 of 2022 1 AROKKIYARAJ [ PETITIONERS / ACCUSED ] 2 JOHAN BOSCO 3 LOORDHAN POWELRAJ 4 DAVID ANTHUVAN 5 AROKKIYARAJ 6 VICTOR @ JOHAN VICTOR Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, KALLAKURICHI DISTRICT.

(CRIME NO.109/2022) For Petitioner : M/S.D.ASHOK KUMAR Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor 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 offences punishable under Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC in Crime No.417 of 2021 and altered to Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC @ 307 of IPC in Crime No.109 of 2022, seek anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant and it is alleged that the petitioners abused the defacto complainant in unparliamentary words and attacked the defacto complainant with deadly weapons. Hence, the complaint.

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3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that there was an election dispute, while so, the petitioners attacked the defacto complainant and caused severe injuries. He would further submit that A-2 has two previous cases and A-5 has five previous cases against them and the injured is still in Hospital by taking treatment. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also considering the fact that A-2 has two previous cases and A-5 has five previous cases against them. That apart, the injured had sustained grievous injuries and still in Hospital taking treatment. Hence, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly , this Criminal Original Petitions is dismissed. -sd/- 08/06/2022 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, ELAVANASURKOTTAI POLICE STATION, KALLAKURICHI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.ASHOK KUMAR Advocate on payment of necessary charges CRL OP.12605/2022 Date :08/06/2022 RW-15/06/2022 https://hcservices.ecourts.gov.in/hcservices/