Madras High CourtCRL OP/16088/2022dismissed

Arun Pandiyan v. State Rep By Inspector Of Police

2022-07-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.16088 of 2022 Crl.O.P.No.16088 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 342, 323 & 506(ii) of IPC, in Crime No.211 of 2022 , seeks anticipatory bail.

2. The case of the prosecution is that petitioner is doing building contract work and the de-facto complainant is working under the petitioner as Mason. Two months prior to the date of occurrence, the de-facto complainant borrowed a sum of Rs.4,000/- as an advance from the petitioner and due to illness he didn't go for his employment. On 29.06.2022, at about 8.30 p.m. the petitioner went to the house of the de-facto complainant and asked him to come along with him. Then the petitioner along with other accused persons took the de-facto complainant to the backside of the Thavalam Petrol Bunk and quarreled about the nonpayment of the borrowed amount. Due to that, they tied his hands and leg and beaten him, thereafter he was detained in the house of A2. On the next day, i.e. 30.06.2022 at about 8.00 a.m., the de-facto complainant raised alarm. On hearing his alarm neighbours rescued him and taken him to the Government Hospital, Krishnagiri for treatment. Hence the complaint.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.16088 of 2022 G.K.ILANTHIRAIYAN, J.

mpl

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that injured is still in hospital and A2 has already been arrested and remanded to judicial custody.

5. Since the injured got grievous injury and still taking treatment, the custodial interrogation of the petitioner is very much required. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 12.07.2022 mpl Crl.O.P.No.16088 of 2022 https://www.mhc.tn.gov.in/judis