Durai Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.1816 of 2015 DURAI RAJ ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO. 35 OF 2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K. MAHENDRAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under Sections 147, 148, 294(b) and 302 IPC in Crime No.35 of 2014 on the file of the respondent police, the petitioner is before this Court seeking anticipatory bail.

2. It is the third anticipatory bail application and earlier applications were dismissed as withdrawn and in one application a detail order had been passed.

3. Mr.K.Mahendran, learned counsel for the petitioner submits that in the earlier application, in which, detailed order was passed, there was mis-appreciation of actual facts and therefore, he submits that this application is maintainable. His explanation is accepted.

4. Today, this Court has de-novo went into the facts of the case. It is seen from the FIR that the de-facto complainant and the deceased were going in a motorcycle and they were intercepted by four persons in two motorcycles and the FIR discloses the names of all the four persons and one such person is the petitioner herein. After intercepting the defacto complainant, three of the accused, who had dangerous weapons kept with them, pulled them out and on the instigation of this petitioner, they hacked the deceased. Thus, the presence of this petitioner was disclosed even at the earliest point of time and that he had incited the other accused to commit the crime. Having regard to the facts and circumstances and gravity of offences against the petitioner, I am not inclined to grant anticipatory bail to the petitioner and accordingly, this petition is dismissed.

sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

TO

1. THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT.

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

SR : 05.02.2015 : 2p/3c

ORDER

IN CRL OP(MD) No.1816 of 2015 Date :03/02/2015 https://hcservices.ecourts.gov.in/hcservices/