S.Kannan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.263 of 2018 S.KANNAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, M.PUTHUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.631 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.SUSI KUMAR Advocate For Respondent : M/S.S.BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 307 of IPC, registered in Crime No.631 of 2014 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's son was married with the petitioner's sister, out of the wed lock they have a male child. In later point of time, due to difference of opinion they were lived separately. On the date of occurrence i.e., on 06.11.2014 due to the above said motive the petitioner assaulted the defacto complainant in which he sustained simple injury. Hence, the defacto complainant filed a complaint before the respondent police.
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 hence, he pleads for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) submitted that the case has been closed on 20.11.2014 as mistake of fact. https://hcservices.ecourts.gov.in/hcservices/ 5.The submissions made by either side are considered. As per the representation of the learned Government Advocate (Crl.side)
this case was closed on 20.11.2014 as mistake of fact. Hence, no case is pending against the petitioner. Therefore, the apprehension of arrest does not arise. Accordingly, this Criminal Original Petition is dismissed.
sd/- 08/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE INSPECTOR OF POLICE, M.PUTHUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.C.SUSI KUMAR Advocate SR.No.365
ORDER
IN CRL OP(MD) No.263 of 2018 Date :08/01/2018 MS/KK/SAR.4/11.01.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/