P. Arul v. Police Department

C.V.KARTHIKEYAN , J.

The petitioner is A8, in Crime No.407 of 2023 registered for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 of IPC, subsequently altered to Sections 147, 148, 294(b), 323, 324, 506(ii) and 302 of IPC, seeks anticipatory bail.

2. It is stated that the petitioner and the other accused and the defacto complainant are the residents of same village and also relatives. It is also stated that in a temple festival, during the possession of the goddess, there was a wordy quarrel which escalated into an assault. It is stated that the 1st accused had scolded the father of the defacto complainant, slapped on his cheek and 2nd, 3rd, 4th and 5th accused had assaulted the father of the defacto complainant with wooden logs. The 6th accused assaulted the father of the defacto complainant with knife. It is further stated that A7 held out a threat by wielding a knife by saying that they would kill him.

3. It is stated by the learned counsel for the petitioner that the only overt act as against the petitioner herein, is that he had threatened.

4. Once there is a common intention, then everybody, who is the member of the said group, is guilty and liable for the particular offence. 1/3

5. It is also stated that A1 to A7 are in custody and they had not been released on bail.

6. In view of the fact that since common intention, particularly this petitioner also had threatened with knife, I am not inclined to grant anticipatory bail to the petitioner.

7. Therefore, this anticipatory bail application is dismissed. 11.10.2023 mjs 2/3

C.V.KARTHIKEYAN , J.

mjs 11.10.2023 3/3