Gnanavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2836 of 2018 GNANAVEL ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT, CR.NO.76/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SANKAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) For Intervener : M/S.ANBU KUMARAN Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused no.1, apprehending arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 294(b), 427, 447 and 506(ii) of IPC, in Crime No.

76 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the petitioner and other accused are said to have trespassed into the property belonging to the defacto complainant and also threatened him with dire consequences. Thus, on complaint, a case has been registered against the petitioners.

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 and he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation of the case is in preliminary stage.

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5.The submissions made by the learned counsel appearing on either side are considered.

6. It is alleged, due to civil dispute, during the time of occurrence, the petitioner and other accused entered into the scene of occurrence and damaged the fencing, which was in the possession of the defacto complainant. According to the prosecution, the property worth about Rs.3,00,000/- was damaged. As of now, the investigation of the case is in preliminary stage, thereby, if this type of petitioner is granted with anticipatory bail, there may be a chance for tampering the witnesses and hampering the investigation.

7. In view of the above, this Criminal Original Petition is dismissed.

sd/- 27/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.T.ANBUKUMARAN Advocate SR.No.3157

ORDER

IN CRL OP(MD) No.2836 of 2018 Date :27/02/2018 MKV-CM-VR-SAR 1/2.3.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/