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Madras High CourtCRL OP(MD)/105/2022dismissed

Aaron Jeemax v. The Inspector Of Police

2022-01-06Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.105 of 2022 Aaron Jeemax ... Petitioner/Accused No.5 Vs State rep.by The Inspector of Police, Karungal Police Station, Kanyakumari District (Crime No.416 of 2021).

... Respondent/Complainant For Petitioner : M/s. Radhakrishnan.G., Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.416 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 302, 323 and 506 (ii) I.P.C, in Crime No.416 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 27.10.2021, the first accused assaulted the deceased, due to which, the deceased succumbed to injuries and died on 07.11.2021.

3. On the side of the petitioner, it is stated that the name of the petitioner was not in the F.I.R. The petition has falsely implicated in this case and he is no way connected in this case. A1, who is the main accused, was already released on bail. A2 to A4 were also released on bail. There is no bad antecedents against the petitioner and prayed the petition to be allowed. https://hcservices.ecourts.gov.in/hcservices/

4. On the side of the respondent, it is stated that co-accused / A1 to A4 were arrested and were granted bail. The petitioner is arrayed as A5. The deceased was a fisherman and the complainant is the sister of the deceased. The offence is serious in nature and prayed the petition to be dismissed.

5. It is seen that the petitioner is arrayed as A5 and the offence against the petitioner is serious in nature. Considering the nature of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

Sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.105 of 2022 Date :06/01/2022 SP/PN/SAR IV/24/01/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/