Vijayapandi @ Sundarapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1895 of 2018 VIJAYAPANDI @ SUNDARAPANDI ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THALAIMUTHUNAGAR POLICE STATION, TUTICORIN DISTRICT, IN CR.NO. 34/2018 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.CHARMURUGAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / A1, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 147, 148, 294(b), 342, 353, 307 & 506(ii) IPC in Crime No.34 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused assaulted the de facto complainant, who is a Head Constable and one another Constable. Further abused them in filthy language.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that injured have already been discharged from the hospital. According to him the investigation is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.The submissions made by the learned counsels appearing on either side are considered. It is alleged that during the time of

occurrence, the de facto complainant being Head Constable and another Constable attached with the Police Station have went to the scene of occurrence for summoning the petitioner in respect of enquiry. At that time, the petitioner along with one another accused assaulted the de facto complainant by using iron rod and scolded in filthy language.

6.Even though the injured have already been discharged from the hospital, considering the nature of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 07/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THALAIMUTHUNAGAR POLICE STATION, TUTICORIN DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CSL/SAR-4-6.3.18-2P-3C

ORDER

IN CRL OP(MD) No.1895 of 2018 Date :07/02/2018 https://hcservices.ecourts.gov.in/hcservices/