Madras High CourtCRL OP(MD)/1026/2023dismissed

Baskar v. The Inspector Of Police

2023-01-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.1026 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1026 of 2023

1. Baskar

2. Jeyaprakash ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

(Crime No.236/2022).

... Respondent/Complainant For Petitioners : M/s.Veerakumar T, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.236/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.236 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that due to land dispute, the petitioners abused and assaulted the de-facto complainant with filthy language and also criminally threatened him. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and a false complaint has been given against them. Hence, he seeks for anticipatory bail. 4.The learned Government Advocate (Crl. side) would submit that this is the second application for anticipatory bail and the earlier https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1026 of 2023 anticipatory bail application was dismissed as against the petitioners in Crl.O.P.(MD)No.23282 of 2022, dated 28.12.2022 and that the petitioners have brutally assaulted the victim and he has sustained grievous injury and he was admitted in the hospital and he is undergoing an operation today and he would object for grant of anticipatory bail.

5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration of the facts and the submissions and that the victim has also sustained grievous injury and he is still in hospital, this court is not inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 24/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.1026 of 2023 Date :24/01/2023 RS/SSS/SAR.1(04.02.2023) 2P-3C https://www.mhc.tn.gov.in/judis 2/2