K.Ezhilarasan v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 323, 324, 506(ii) and 307 IPC in Crime No. 313 of 2022, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute, there was a wordy quarrel between the petitioners and the defacto complainant's husband. It is also alleged that the petitioner attacked the defacto complainant's husband with wooden log and stones and caused grievous injuries. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocents and they are no way connected with the alleged offence. He would further submit that this is the fourth petition for anticipatory bail and the change of circumstances is that subsequently to the dismissal of the first petition, the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that there totally seven accused in this case in which the petitioners are arrayed as A1 and
A2. Due to wordy quarrel between the petitioners and the defacto complainant's husband, the petitioners along with other accused abused him in filthy language and attacked him with wooden logs and stones and caused grievous injuries. He would further submit that the petitioners are having five previous cases against them. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and the earlier petition filed by the petitioners was dismissed by this Court and that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed with cost. The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the Tamil Nadu State Legal Services Authority, Chennai.
09.01.2023 ata
G.K.ILANTHIRAIYAN, J.
ata 09.01.2023