Karuppaiah v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14431 of 2021 KARUPPAIAH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MARUVARTHUR POLICE STATION, PERAMBALUR DISTRICT.

CR NO. 386/2021 For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506 (ii) of IPC and 307 of IPC and @ under Section 302 of IPC in Crime No.386 of 2021 seeks anticipatory bail.

2.The case of the prosecution is that there was a dispute with regard to the death of one Arul Kumar and one Anbu Kumar which occurred due to an accident, the petitioner along with other accused persons attacked the defacto complainant and his uncle viz., Sekar with knife. Thereby, the defacto complainant's uncle had sustained grievous injuries and he was admitted in hospital and taken treatment and after 21 days, his uncle passed away. Based on the complaint made by the defacto complainant, the law enforcing agency registered the case against the petitioner.

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3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner had only accompanied the other accused persons. The petitioner name is not mentioned in the FIR and thereafter, his name has been falsely implicated at the later point. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submits that all other accused persons were arrested except this petitioner. He further submits that the petitioner along with accused persons attacked the deceased, thereby, causing his death. He further submits that investigation is pending.

5. Considering the facts and circumstances of the case and a perusal of FIR and the fact that the main accused were arrested and remanded to judicial custody and also considering the gravity of offence committed by the petitioner, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/08/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, MARUVARTHUR POLICE STATION, PERAMBALUR DISTRICT.

CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.14431/2021 Date :17/08/2021 RW 22/09/2021 https://hcservices.ecourts.gov.in/hcservices/