P.Kathir @ Kathiresh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15170 of 2021 P.KATHIR @ KATHIRESH KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVENGADU POLICE STATION, NAGAPATTINAM DISTRICT (CRIME NO.1492/2021) For Petitioner : T.BALACHANDRAN Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 307 @ 302 of IPC in Crime No.1492 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 02.08.2021, in a wordy quarrel, the accused persons abused the brother of the de-facto complainant viz., Chandralingam and subsequently, with an intention to commit murder, the accused persons had rashly and negligently driven the car viz., Ford Fiesta bearing Registration No.TN 33 AK 1314 and dashed against the deceased Chandralingam and thereby, caused grievous injuries. Subsequently, the victim was admitted in the hospital for treatment and after three days, he succumbed to the fatal injuries. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that in a wordy quarrel, both parties have attacked each other and also the petitioner and others had given a complaint in https://hcservices.ecourts.gov.in/hcservices/

Crime No.1493 of 2021. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that initially, the case was registered under Section 307 of IPC and subsequently, after the death of the injured person, it was altered to 302 IPC. He would further submit that the Investigation in this case is in preliminary stage. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also taking into account the gravity of offence committed by the accused persons, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed. -sd/- 25/08/2021 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 INSPECTOR OF POLICE, THIRUVENGADU POLICE STATION, NAGAPATTINAM DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to T.BALACHANDRAN Advocate on payment of necessary charges CRL OP.15170/2021 Date :25/08/2021 APN 09/09/2021 https://hcservices.ecourts.gov.in/hcservices/