Shanmugavel v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SHANMUGAVEL ... Petitioner / Accused Rank not known Vs THE SUB INSPECTOR OF POLICE SERNTHAMARAM POLICE STATION, TENKASI DISTRICT.

(CRIME NO. 15/2024) ... Respondent / Complainant For Petitioner :

M/s.R.Mathava Selvam, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO. 15 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 174 Cr.P.C., altered into Section 306 IPC in Crime No.15 of 2024, seeks anticipatory bail. 1/3

2.The case of the prosecution is that the defacto complainant's father erected a party flag in front of his house before three years. Subsequently, local body people threatened the defacto complainant's father to remove the flag and to hand over two feet to the local body for laying road. That apart, the accused persons continuously threatened the defacto complainant's father and his family members, due to which, the father of the defacto complainant committed suicide. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the Panchayath President and the deceased encroached the government land, thereby, the petitioner insisted the deceased to remove the same.

For which, the deceased committed suicide and the petitioner herein is not responsible for the same. Accordingly, he prayed to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that as per FIR, the petitioner and other accused continuously tortured the deceased, due to which, the deceased committed suicide. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Heard the learned counsel on either side and perused the materials available in the record.

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6.On perusal FIR reveals that there are serious allegations as against the petitioner herein. Considering the same, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 07/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Sub Inspector of Police, Sernthamaram Police Station, Tenkasi District.

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

ORDER

IN Date :07/02/2024 ED/VR /SAR- (13/02/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3