Madras High CourtCRL OP/17182/2023dismissed

S.Ruthish, v. The State Rep By

2023-08-07Honourable Mr Justice Rmt. Teekaa Raman3 pages

RMT. TEEKAA RAMAN.,J.

The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 153, 323, 324 and 506(2) of I.P.C r/w 3 of Explosive Substances Act, 1908 @ 294(b), 153, 323 and 324 of I.P.C r/w 3 and 5 of Explosive Substances Act, 1908 in Crime No.181 of 2023, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that on 05.05.2023 at about 20.00 hrs, when he was coming on his two wheeler, A1 to A3 were intercepted him, abused and attacked him on his cheek and burst the explosive substance. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner, who is arrayed as A1, is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused in this case namely A2 to A4 have already been granted anticipatory bail by the learned Principal District Judge, Villupuram. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that when the defacto complainant was coming on his two wheeler, A1 to A3 were intercepted him, abused and attacked him on his cheek and used explosive substance. He would further submit that the injured has been discharged from the hospital and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also noticing the fact that the explosive substance has been used by the accused, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 07.08.2023 nvi 2/3

RMT. TEEKAA RAMAN.,J.

vkr 07.08.2023 3/3