R.Rajendiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.13079 of 2022 R.RAJENDIRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, VIKRAVANDI POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.202/2022) For Petitioner : M/S.K.NITHYASHREE FOR MR.V.SURENDER Advocate For Respondent : MR.A.GOKULAKRISHNAN, 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 in view of the complaint given by one Vidhyasri, subsequent to her filing of a case in Crime No.202 of 2022 against the son of the petitioner for the offences under Sections 294(b), 323, 324, 448 and 506(ii) IPC and therefore, seeks anticipatory bail. 2.Originally, Crime No.202 of 2022 was registered on 01.05.2022 at the instance of Vidhyasri, wife of Kesavan, against one Alexander, son of the petitioner herein, for the aforesaid offences, on the allegations that the said Alexander, on account of a wordy quarrel, assaulted the husband of the said Vidhyasri/de facto complainant, Kesavan, with a stone, due to which, Kesavan sustained grievous injuries. Thereafter, he was admitted in the hospital, however, he succumbed to the injuries on 06.05.2022.

3.The learned counsel for the petitioner would submit that the de facto complainant has now lodged a complaint before the Superintendent of Police, Villupuram, for adding the petitioner also as an accused in Crime No.202 of 2022 and the said news has been published in an online News Application. The learned counsel would

further submit that the petitioner is a responsible Government servant and he is no way connected with the incident. She would further submit that the de facto complainant, with a view to grab money in the name of compensation, is now attempting to rope in the petitioner also in the criminal case. She submits that the arrest of the petitioner, being a Government Servant, would blemish his service and therefore, prays for anticipatory bail.

4.Per contra, the learned Additional Public Prosecutor, appearing for the respondent Police, would submit that the son of the petitioner assaulted the victim Kesavan, due to which, Kesavan sustained grievous injuries. Considering the nature of the offence, the respondent Police altered the case to Section 307 IPC and subsequent to the death of the victim, the case was altered to Section 302 IPC. The learned Additional Public Prosecutor has obtained the written instructions. By producing the same before this Court, he would submit that the petitioner's son Alexander is the only accused in Crime No.202 of 2022 and that this petitioner is not at all an accused in Crime No.202 of 2022 till date and this petition has been filed merely based on the news published in an online News Application.

The learned Additional Public Prosecutor has also verified and confirmed that there is no complaint as against the petitioner in connection with Crime No.202 of 2022. 5.Considering the fact that the petitioner is not even an accused in Crime No.202 of 2022 and that no complaint has been registered against the petitioner relating to the said offence and also considering the fact that this petition has been filed only based on a news published in an online News App, the apprehension of the petitioner is unwarranted and therefore, this Criminal Original Petition stands dismissed.

-sd/- 02/06/2022 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, VIKRAVANDI POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.V.SURENDER Advocate on payment of necessary charges SR.No.8452 CRL OP.13079/2022 Date :02/06/2022 CSK 03/06/2022