Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI NAGENDRAN ... Petitioner / Accused No.9 Vs THE INSPECTOR OF POLICE SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.12 OF 2024) ... Respondent / Complainant For Petitioner :

Mr.P.P.Alwin Balan, Advocate for M/s.B.Azhagesh, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.12 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A9, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 342, 352, 354A, 302 1/3

and 506(2) of IPC, in Crime No.12 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that on 08.01.2024, the petitioner and the other accused persons said to have trespassed into the defacto complainant's house and attacked the defacto complainant & her husband with their hands, stone and knife and caused injuries to them. Thereby, the defacto complainant made a complaint before the Law Enforcing Agency.

3.The learned counsel 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 is a owner cum driver and runs a All India Lorry Suppliers Service in the name of 'Lucky Rode Lines'. At the time of occurrence, he was going to Palakad with a load of vegetables. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is specific overt act against the petitioner and the other accused. The petitioner along with other accused went to the house of the defacto complainant and attacked the husband of the defacto complainant and lost his life. The two main accused were arrested and remanded to judicial custody on 08.01.2024 and the investigation is in initial stage. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

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5.Considering the gravity of the offence and also considering the fact the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

+1 CC to M/s.B.AZHAGESH, Advocate ( SR-1266[I] dated 31/01/2024 )

ORDER

IN Date :29/01/2024 ED/ JGB /SAR- (01/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3