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Madras High CourtCRL OP/30631/2022dismissed

Suresh v. The Inspector Of Police

2022-12-14Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 352 and 506(ii) of IPC in Crime No.521 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner abused the defacto complainant in filthy language and also assaulted him with iron rod, resulting in him sustaining fracture on the left hand. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that due to previous enmity, the petitioner abused the defacto complainant in filthy language and also assaulted him with iron rod, resulting in him sustaining fracture on the left hand. He would further submit that the injured is still taking treatment in the hospital and there are three previous cases pending against him, out of which, two cases have been disposed of. However, he vehemently opposed to grant anticipatory bail to the petitioner. 5.The learned counsel for the defacto complainant vehemently opposed stating that due to previous enmity, the petitioner abused the defacto complainant and also assaulted him with iron rod, resulting in him sustaining fracture on the left hand. He would further submit that the defacto complainant is still taking treatment in the hospital and hence, he opposed for grant of anticipatory bail to the petitioner.

6.Considering the facts and circumstances of the case and the submissions made by the learned counsel and on considering the gravity of offence committed by the petitioner, this court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 14.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 14.12.2022