M.Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7588 of 2019 M.MAHARAJAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, TALUK POLICE STATION, TIRUNELVELI.

Crime No.77/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.KRISHNAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 353, 307 and 379 IPC in Crime No.77 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that on 08.05.2019 the Special Sub-Inspector and constable went near Seevalaperi Santhaipettai Vilakku Bus Stop for searching sand theft. On seeing the officials, Durairaj had driven rashly a lorry along with the petitioner towards the defacto complainant with an intention to kill them. Thus, on complaint, a case has been registered against the petitioner for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) appearing for the State submitted that as of now, investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.The submissions made by the learned counsel appearing on either side are considered.

6.It is alleged that at the time of occurrence, the petitioner by using the lorry attempted to kill the Special Sub-Inspector of Police and Constable, who went near Seevalaperi Santhaipettai Vilakku Bus Stop for searching sand theft. In the said circumstances, even though nobody was injured in the alleged occurrence, considering the fact that the petitioner in order to commit the offence of illegal sand mining, went upto killing the persons, who are in charge of regulating law and order. Hence, I am of the opinion that the offence committed by the petitioner is very serious one. Accordingly, considering the gravity of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. 7.Accordingly, this Criminal Original Petition is dismissed. sd/- 30/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, TALUK POLICE STATION, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.7588 of 2019 Date :30/05/2019 TK/PN/SAR-3/06.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/