P. Arul v. Police Department

RMT. TEEKAA RAMAN.,J.

The petitioner who is arrayed as A.8 apprehends 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 IPC registered in Crime No.407 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 31.07.2023, there was a temple festival in the petitioner's village and at around 11.00 p.m., while the temple car reached the 1st petitioner's home and he offered pooja for the god, the father of the defacto complainant opposed and therefore there was a wordy quarrel between the 1st petitioner's family and the defacto complainant's family, due to which the petitioner and others attacked the defacto complainant's father with wooden log and stone. In the said incident, the father of the defacto complainant sustained injury and admitted in the hospital and thereafter he died.

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3. The learned counsel for the petitioner would submit that the petitioner has been arrayed as A.8 in the above case and he has nothing to do with the alleged offences in the crime.

4. The learned Government Advocate (crl.side) would contend that A.1/Ganesan scolded the father of the defacto complainant in filthy language, A.2 to A.5 assaulted the father of the defacto complainant with wooden logs, A.6 / Ekambaram assaulted the father of the defacto complainant with knife and A.7 & A.8 held out a threat by wielding a knife. After the incident, as per the police report, tension is prevailing in the locality and counter case in Crime No.408 of 2023 is also registered against other party.

5. Heard the learned counsel for the petitioner as well as the Government Advocate (crl.side) and perused the records.

6. Taking into consideration the nature and gravity of the offence, that the matter is under investigation and the investigating officer has to 2/4

determine who is the perpetrator and proceed with the investigation, I am not inclined to grant anticipatory bail to the petitioner for the present, with a liberty to file fresh application after passage of time or change in circumstances.

7. Accordingly, this Criminal Original Petition is dismissed. 21.09.2023 rgr 3/4

RMT. TEEKAA RAMAN.,J.

rgr 21.09.2023 4/4