Moorthy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12972 of 2022 MOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.28/2022.

For Petitioner : M/S.G.MOHAMMED ASEEF Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 448, 294(b), 324, 307, 506(ii) of IPC r/w 120(B) of IPC, in Crime No.28 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner and other accused persons assaulted the defacto complainant with knife and caused grievous injuries on his head, left hand and all over the body. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He would further submit that due to previous enmity, false case has been foisted as against the petitioner. Hence he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that totally there are 14 accused in which the petitioner is A2. They assaulted the defacto complainant with knife and now the victim is in Coma https://hcservices.ecourts.gov.in/hcservices/

stage. He further submitted that the investigation is not yet completed and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the nature allegations that the petitioner has committed very serious offence also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/06/2022 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, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.12972/2022 Date :06/06/2022 TA-13/06/2022 https://hcservices.ecourts.gov.in/hcservices/