Prakash v. State Rep By

Crl.O.P.No.21067 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 342, 324, 307, 302,506(ii), 120(b) of IPC and 25(1)(b) of Arms Act, 1959 in Crime No.636 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. There are totally 22 accused persons involved in this case, in which, the petitioner is arrayed as A17. The case of the prosecution is that on the date of occurrence, due to previous motive between the 1st accused and the deceased, A1 to A5 were waylaid the deceased and attacked him indiscriminately, resulting which, the deceased sustained fatal injuries and died on the spot. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submit that he is the relative of the first accused, thereby has has been implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 1/3

4. The learned Government Additional Public Prosecutor would submit that the accused persons including petitioner herein were waylaid the deceased and attacked him indiscriminately, resulting which, the deceased sustained fatal injuries and died on the spot. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and also the considering the fact that there is a specific overt act against the petitioner, the custodial interrogation of the petitioner is very much required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 02.09.2022 Vv 2/3

G.K.ILANTHIRAIYAN, J.

Vv Crl.O.P.No.21067 of 2022 02.09.2022 3/3