Santhosh v. State Rep. By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31954 of 2024 Santhosh ... Petitioner/A6 Vs State Rep., by The Inspector of Police, Magudamchavadi Police Station, Salem District.

(Crime No.318 of 2024) ... Respondent For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Santhosh, Government Advocate(Criminal Side)

ORDER

The petitioner/A6, who apprehends arrest in connection with Crime No.318 of 2024, for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109 and 351(3) of BNS 2023 on the file of the respondent Police, seeks anticipatory bail. 1/4

2.The case of the prosecution is that the petitioner and the defacto complainant are friends. Prior to the occurrence, a misunderstanding appears to have arisen between the defacto complainant and A1 to A3 when they were in a liquor shop. On 24.10.2024, the petitioner and the other accused came to the place of occurrence and attacked the defacto complainant with aruval, due to which, the defacto complainant had sustained multiple injuries and admitted in the private hospital. 3.Learned Counsel for the petitioner would submit that the petitioner is an innocent person and he was not involved in the said offence and that the petitioner is only a friend of A1 to A3 and thereby, his name was implicated in the First Information Report.

Due to previous enmity between the defacto complainant and A1 to A3, they had assaulted the victim with knife. He would further submit that the defacto complainant has been discharged from the hospital and A5 and A10 were arrested and released on bail by this Court and the petitioner is ready to abide by any stringent condition that may be imposed by this Court and prays for the grant of anticipatory bail to him.

4.Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for the grant of anticipatory bail to the petitioner, would submit that the petitioner and other accused had inflicted multiple injuries on the victim, due to which, the victim suffered grievous injuries which endangered his life.

5. Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the grievous injuries inflicted by the accused and the submissions made by the learned Government Advocate (Criminal Side), this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 20-12-2024 raa To The Inspector of Police, Magudamchavadi Police Station, Salem District.

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A.D.JAGADISH CHANDIRA, J.

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