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Madras High CourtCRL OP/17616/2021dismissed

Eswaramoorthy v. The State Rep By

2021-09-30Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17616 of 2021 1 ESWARAMOORTHY [ PETITIONERS / ACCUSED ] 2 A.C.MUTHUSAMY Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANNUR POLICE STATION, COIMBATORE DISTRICT CR NO. 458/2019 For Petitioner : M/S.S.PARTHASARATHY 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 petitioners, who apprehend arrest for the alleged offence punishable under Section 302 IPC, in Crime No.458 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one unknown dead body was found in the nearby lake. After investigation revealed that the deceased was the son of the defacto complainant and further investigation revealed that the deceased was murdered by the co accused/bar owners of the locality. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner did not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submits that the petitioners are the bar owners and there was a dispute in the bar while consuming the alcohol. The petitioners are brothers and attacked https://hcservices.ecourts.gov.in/hcservices/

the deceased and he thereby lost his life. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also the considering that nature of offence, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/09/2021 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, ANNUR POLICE STATION, COIMBATORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.PARTHASARATHY Advocate on payment of necessary charges SR.No.10846 CRL OP.17616/2021 Date :30/09/2021 APN 07/10/2021 https://hcservices.ecourts.gov.in/hcservices/