R.Xavier v. The Inspector Of Police

CRL OP(MD). No.2204 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.2204 of 2023 R.Xavier ... Petitioner/Accused No.1 Vs The State rep.by, Inspector of Police, Sivagiri Police Station, Tenkasi District.

Crime No.412/2022.

... Respondent/Complainant For Petitioner : M/s.Beema Rao M, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.412 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 307, 427 and 506(2) of I.P.C. and Section 4 of Tamil nadu Prohibition of Harassment of Women Act, 2002, in Crime No.412 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 30.11.2022, the accused persons had attempted to attack one Arul Joseph, at that time, the said Arul Joseph had entered into the de-facto complainant's house and the accused persons also tried to enter into her house to attack the said Arul Joseph, but the de-facto https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.2204 of 2023 complainant closed the door. Due to which, the accused persons abused the de-facto complainant in filthy language and caused damage to the door and also gave a life threat to her. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted against him. Hence, he would seek for anticipatory bail. 4.The learned Government Advocate (Crl. side) would submit that the petitioner has got six previous cases and hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 09/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2204 of 2023 Date :09/02/2023 RK/BUC/SAR-2 (21/02/2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2