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Madras High CourtCRL OP(MD)/2053/2015dismissed

Kumar @ Sanjay Kumar v. The Inspector Of Police

2015-02-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2053 of 2015 KUMAR @ SANJAY KUMAR ... PETITIONER / ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT. CR. NO.534/2014.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.INDRACHITHU Advocate For Respondent : Mr.A.P.Balasubramani Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 307 I.P.C. in Crime No.534 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent.

3. This is the second anticipatory bail application. The first application is dismissed as withdrawn. The case of the prosecution is that on 10.12.2014, the defacto complainant was standing with his daughter and this petitioner and A.1 teased his daughter and when it was questioned, this petitioner has taken a knife and attacked the defacto complainant in his stomach and shoulders and he sustained injuries.

4. The learned Counsel for the petitioner would submit that the injured has been discharged from the hospital and A.1 has been arrested.

5. The fact that the injured has been discharged from the hospital and A.1 has been arrested is not a good reason for granting anticipatory bail, in view of the motive behind the offence as much as the petitioner teased the daughter of the defacto complainant and when the father intervened, he has stabbed him.

6. Taking into consideration the serious allegations as against the petitioner, this Court is of the view that it is not a fit case to grant anticipatory bail to the petitioner.

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

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 10/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

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

TS/13.02.2015/2P-3C

ORDER

IN CRL OP(MD) No.2053 of 2015 Date :10/02/2015 https://hcservices.ecourts.gov.in/hcservices/