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Madras High CourtCRL OP/16691/2023dismissed

Ezhilarasan Alias Ezhilarasu v. State Rep By

2023-08-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.No. 16691 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 of IPC in Crime No.313 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute, there was a wordy quarrel between the petitioners and the defacto complainant's husband. It is also alleged that the petitioners attacked the defacto complainant's husband with wooden log and stones and caused grievous injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit hat the petitioners are innocents and they are no way connected with the alleged offence. He would further submit that this is the sixth petition for anticipatory bail and the change of circumstance is that subsequently to the dismissal of the first petition, the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.

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

G.K.ILANTHIRAIYAN, J.

Lpp

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there are totally seven accused in this case in which the petitioners are arrayed as A1 and A2. He further submitted that due to land dispute, there was a wordy quarrel between the petitioners and the defacto complainant's husband, as a result of which the petitioners attacked the defacto complainant's husband with wooden log and stones and caused grievous injuries. He would also submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and also the submissions made by either side, this Court has dismissed the earlier bail petitions and that there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. 02.08.2023 Lpp Crl.O.P.No.16691 of 2023 https://www.mhc.tn.gov.in/judis