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Madras High CourtCRL OP/24982/2024dismissed

Reena v. The State Rep By Its,

2024-10-14Honourable Mr.Justice P. Dhanabal5 pages

P.DHANABAL,J.

The petitioners/A2 and A3, who apprehend arrest for the alleged offence punishable under Section 103 of the BNS Act in Crime No.454 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, due to a property dispute, the petitioners/A2 and A3, along with other accused/A1, attacked the defacto complainant's husband with knives. Due to this, he died on the spot. Hence the complaint.

3. Learned counsel appearing for the petitioners/A2 and A3 would submit that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and the petitioners have been falsely implicated in this case. He also submitted that the defacto complainant and the petitioners are relatives. He further submitted that 1/5

the petitioners are law-abiding citizens; and that they are ready and willing to furnish substantial sureties for their due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are three accused in this case; that the petitioners are arrayed as A2 and A3; that the deceased is the brother of the first accused; that the petitioners/A2 and A3 are the wife and son of the first accused; and that due to a property dispute, the petitioners/A2 and A3 along with other accused/A1 attacked the defacto complainant's husband with knives; due to which he died. He further submitted that the FIR was registered only on 22.09.2024; and that the investigation is at an initial stage. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the submissions made by both sides, the gravity of offence and that the investigation is also at an initial stage, this Court is declining to grant anticipatory bail to the petitioners at this stage.

7. Accordingly, this Criminal Original Petition stands dismissed. 14.10.2024 dk Copy to 1.The Judicial Magistrate No.I, Hosur.

2.The Sub Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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P.DHANABAL, J.

dk 4/5

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