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Madras High CourtCRL OP/26118/2023dismissed

Muthukumaran v. State Rep By

2023-11-17Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioner herein seeks anticipatory bail in Crime No.363 of 2023 registered by the respondent Police for the offences under Sections 294(b), 323, 324, 506(ii) IPC and 4 of Tamil Nadu Prohibition Harassment of Women Act, 1998.

2.The learned counsel for the petitioner stated that he has been falsely implicated as an accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner.

3.I must state that this is an appalling case, where the defacto complainant and the other accused had joined together in the middle of the night, had consumed alcohol and thirst not being satiated moved over to a lodge and again consumed alcohol and quite naturally started fighting among themselves. 1/4

4.The learned counsel for the petitioner justified the particular acts by stating that, all the four namely the defacto complainant and the accused are friends. I am not able to understand the logic behind this. It is also stated that the only averment as against the petitioner herein is that he hit the defacto complainant, a lady with a mobile phone.

5.Fortunately, he had only a mobile phone in his hand, I do not know whether he regrets hitting her with just a mobile phone, as if he had any other object he would have still hit her with that particular object. 6.It is stated by the learned Government Advocate (Criminal side) that none of the accused had been arrested.

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7.Taking all the facts into consideration, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed, with a direction to the respondent to take the petitioner into custody and report before this Court.

8.List the matter on 07.12.2023 under the caption "For reporting compliance".

17.11.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 17.11.2023 4/4