Suriyaprakash v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 324, 326, 506(ii) and 307 of IPC in Crime No.59 of 2023, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant/Selvarani is that there exists a civil dispute between her husband and the accused namely Suryaprakash. While so, on 09.04.2023, when her husband was standing in front of the house of one Kanjamalai, A1 along with other accused, who had come in a four wheeler bearing registration No.KA 51 MR 7449, had indiscriminately cut her husband with knife all over the body, resulting in him, sustaining grievous injuries on the head and his left wrist was fully cut. Hence the case.

3. The learned counsel for the petitioner would submit that this is second application for anticipatory bail filed by the petitioner and the

earlier application was dismissed on 28.04.2023. He would further submit that the petitioner is an innocent person and due to civil dispute, a false complaint has been given against him. He would also submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that it is a case where on account of a civil dispute, the petitioner along with his henchmen had indiscriminately assaulted the defacto complainant's husband with koduval and other weapons, resulting in him, sustaining grievous injuries on the head and his left wrist went to the extend of amputation. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel and perused the entire materials available on record including the medical records and photographs.

6. Taking into consideration the facts of the case and the

submissions made by the learned counsel on either side and also the nature of injuries sustained by the victim, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 02.06.2023 vkr A.D.JAGADISH CHANDIRA , J.

vkr 02.06.2023