Madras High CourtCRL OP/15803/2023dismissed

Anjamani v. The State Rep By

2023-07-20Honourable Mr Justice G. Chandrasekharan4 pages

Crl.O.P.No.15803 of 2023 G.CHANDRASEKHARAN.J., The petitioners namely Anjamani, Sathiyaraj, Veeramani, who apprehend arrest at the hands of the respondent police for the offence under Sections 452, 294(b), 323, 324, 506(ii) and 307 of IPC in Crime No.409 of 2023 on the file of the respondent seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, there was a fight between two groups. In the said fight, petitioners namely A1, A2 & A4 also suffered injuries. On the basis of the complaint given by 3rd petitioner namely Veeramani, FIR in Crime No.413 of 2023 was registered against the defacto complainant and three others. Thus, he seeks anticipatory bail.

3. However, learned Government Advocate (Crl. Side) opposes the petition on the ground that, though the case was originally registered under Sections 452, 294(b), 323, 324 & 506(ii) of IPC, subsequently it is altered into Sections 452, 294(b), 323, 324, 506(ii) and 307 of IPC. The allegations are that, due to previous enmity, on 19.06.2023 at about 1/4

10.00.a.m., when the defacto complainant was in his house, one Anjamani had trespassed into his house and scolded in filthy language and hit him. Anjamani's brother Sathiyaraj, Veeramani and Sathish joined together and started attacking the defacto complainant with Aruval. When defacto complainant's father tried to tried to intervene, he was also attacked with aruval on his head. When defacto complainant's nephew Murugan tried to protect the injured, he was also attacked by the accused persons. Anjamani attacked Murugan with big stone on his right leg. As a result, he suffered fracture injuries. All the three suffered extensive injuries. Hence, he vehemently opposed for grant of bail to the petitioners.

3. From the perusal of the accident register copies produced by the learned Government Advocate (Crl. Side), this Court finds that, defacto complainant and his father suffered extensive injuries. Defacto complainant's nephew Murugan suffered fracture injuries. Investigation is pending. In the said circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, this Criminal Original Petition is dismissed. 2/4

20.07.2023 Sma 3/4

G.CHANDRASEKHARAN. J.

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