Madras High CourtCRL OP(MD)/3390/2019dismissed

Devaraj v. The Inspector Of Police

2019-03-05Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3390 of 2019 DEVARAJ ... PETITIONER / ACCUSED No.4 Vs STATE REP.BY THE INSPECTOR OF POLICE, UDAYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.138/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.VIJI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehend arrest at the hands of the respondent for the alleged offence punishable under Sections 147,148,294(b),324 and 302 of IPC in Crime No.138 of 2018, seek anticipatory bail.

2. The case of the prosecution is that A1 and deceased are brothers. A2 is son-in-law, A3 is son of A1, the petitioner is brother of A2, son-in-law of A1. The deceased demanded to partition the joint family property from A1, for which there was a dispute arose between them. Hence the petitioner attacked the defacto complainant with aruval. Thereby an altercation was arose between them, in which the defacto complainant's father died.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and prayed for anticipatory bail.

4. The learned Government Advocate (Crl.Side) would submit that the investigation is at the preliminary stage and there is no chage in facts and circumstances of the case and opposed for grant of anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/

5.Taking into consideration the facts and circumstances of the case and also considering the fact there is no change in facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence the anticipatory bail petition is dismissed. sd/- 05/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, UDAYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3390 of 2019 Date :05/03/2019 AAV AE/JC/SAR-II/07.03.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/