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Madras High CourtCRL OP(MD)/12864/2015dismissed

A.Elavarasan, v. The Inspector Of Police,

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12864 of 2015 A.ELAVARASAN, ... PETITIONER / SOLE ACCUSED Vs STATE OF TAMILNADU, THROUGH THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI - 20.

CR. NO.1127 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.V.SUNDARAPANDIAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) For Intervenor : Mr.Veera Kathiravan PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused in Crime No.1127 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 506(ii) IPC and hence, seeks anticipatory bail. 2.According to the defacto complainant, he is an Advocate and appeared for an accused in a criminal case to discharge his professional duties, in which the petitioner was the defacto complainant and after the case was acquitted, the petitioner attacked the defacto complainant on 05.07.2015.

3. The learned counsel for the petitioners submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the respondent and there is no injury on the defacto complainant.

4.The learned counsel appearing for the intervenor vehemently opposed granting of anticipatory bail contending that the defacto complainant is an Advocate and he was assaulted by the petitioner herein after the accused was acquitted in which the petitioner was the defacto complainant and it is an attack on the Advocate profession and these offences should not be encouraged.

5.Heard the learned Government Advocate appearing for the State. 6.This Court finds force in the contentions of the learned counsel for the intervenor.

7. Considering the allegations made against the petitioner, this Court is of the view that the petitioner is not entitled for anticipatory bail and hence, this petition is dismissed.

sd/- 09/07/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI - 20.

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

Sm:AMF:14.07.2015:2P/3C

ORDER

IN CRL OP(MD) No.12864 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/