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Madras High CourtCRL OP(MD)/5136/2019dismissed

Chellappa, S/O.Pandi Thevar, v. The Inspector Of Police

2019-04-04Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5136 of 2019 1 CHELLAPPA 2 DINESH ... PETITIONERS / ACCUSED No. 2 and 3 Vs THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE KARIVALAMVANTHA NALLUR POLICE STATION, TIRUNELVELI DISTRICT.

Crime No.107 of 2019 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.C.K.M.APPAJI Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent for the alleged offence punishable under Sections 294(b), 323, 324 and 302 and 506 (ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment Woman Act, 2002, of in Crime No.107 of 2019, seek anticipatory bail.

2. The case of the prosecution is that there was a previous enmity between the petitioners' family and the defacto complainant's family, for which the petitioners along with other accused persons were brutally attacked the defacto complainant's mother with stone and pushed the defacto complainant's father. In the result, both were died. Hence, this complaint.

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.

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

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/- 04/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE KARIVALAMVANTHA NALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.C.K.M.APPAJI Advocate SR.No.6141

ORDER

IN CRL OP(MD) No.5136 of 2019 Date :04/04/2019 TK/PN/SAR-4/11.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/