Madras High CourtCRL OP(MD)/257/2024dismissed

Sevukaraja v. The Inspector Of Police

2024-01-09Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SEVUKARAJA ... PETITIONER/ACCUSED-1 Vs THE INSPECTOR OF POLICE MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.2/2024.

... RESPONDENT/COMPLAINANT For Petitioner :

MR.R.VENNILA, Advocate For Respondent :

MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.2/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / Accused No.1, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of I.P.C. in Crime No.2 of 2024, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that during the Temple festival, the petitioner and other accused persons attacked the defacto complainant, due to which, the defacto complainant sustained grievous injuries. Thereby, he made a complaint before the respondent Police and the respondent Police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. Hence, he prays for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that Accused Nos.2 and 3 were arrested and remanded to judicial custody. He would further submit that three previous cases are pending against the petitioner and all are similar in nature. He would further submit that if anticipatory bail is granted to the petitioner herein, it would create trouble in the locality. Hence, he vehemently opposes for grant of anticipatory bail to the petitioner herein,

5. Considering the facts and circumstances of the case and also considering the fact that three previous cases which are pending against the petitioner are similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner herein. 2/3

6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 09/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN Date :09/01/2024 RS/DD/SAR-(19.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3