Rajkumar v. State Rep. By

Crl.O.P.No.14745 of 2023 G.CHANDRASEKHARAN.J., The petitioners namely Rajkumar, Selvi, Muthusamy, who apprehend arrest at the hands of the respondent police for the offence under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.300 of 2023 on the file of the respondent seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that, defacto complainant and 3rd accused are brothers. There is a previous enmity between them. Due to which, false and exaggerated complaint was given by the defacto complainant. Apprehending arrest, this petition is filed.

3. The learned counsel appearing for the defacto complainant/intervenor submitted that, in the incident defacto complainant Easwaran suffered fracture injuries in his left leg and his wife Palaniyathal also suffered injuries.

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4. The learned Government Advocate (Crl. Side) reiterated the fact that, both the defacto complainant and his wife suffered injuries.

5. Considered the rival submissions and perused the records. It is seen from the FIR allegations that, there is a previous enmity between the petitioner and the defacto complainant. On 20.06.2023 at about 10.30.a.m.,when defacto complainant was grazing cattle. 1st accused had come there and beaten the cows. When defacto complainant questioned, as to why he was beating the cow, 1st accused had scolded the defacto complainant in filthy language. Thereafter at about 11.30.a.m., when defacto complainant and his wife were standing in front of their house, Rajkumar came there with Kadaparai and hit the defacto complainant and his wife on their legs and also with iron rod. As a result, both the defacto complainant and his wife suffered grievous injuries. 2/4

6. The treatment summary of the defacto complainant shows that:

Assault with right left both bone, Right middle finger laceration, punctured wound left leg.

7. Similarly, the treatment summary of the defacto complainant's wife shows that:

Assault with head injury, left side scalp haematoma, abrasion left ear pinna.

8. Considering the nature of extensive injuries suffered by the defacto complainant and his wife and also the fact that, investigation in this case is not completed, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

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G.CHANDRASEKHARAN. J.

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