Muthuramalingam @ Bosepandian v. The Inspector Of Police

CRL.O.P(MD)No.2251 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.2251 of 2023 Muthuramalingam @ Bosepandian

...Petitioner/Accused No.1

-vsThe State represented by The Inspector of Police, Maniyachi Police Station, Thoothukudi District.

(in Cr.No.09 of 2023)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.09 of 2023.

For Petitioner : Mr.S.Manickam, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 353 and 506(i) of IPC in Crime No.09 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that due to a wordy quarrel, the accused person has abused the de-facto complainant in filthy language and also assaulted him. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and the petitioner has been falsely implicated. He would also submit that the petitioner has not committed any offence, as alleged by the prosecution. He would also submit that the petitioner is ready to abide by any stringent conditions, that may be imposed on him. Hence, he would seek for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the accused person has abused the de-facto complainant in filthy language and also assaulted him. He would also submit that the https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.2251 of 2023 petitioner is a habitual offender and against whom, three previous cases are pending and hence, he would strongly oppose to grant anticipatory bail to the petitioner.

5.Taking into consideration the habituality of the petitioner in committing the crime and also the fact that the petitioner has three previous cases pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this 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.

cmr TO 1.THE INSPECTOR OF POLICE, MANIYACHI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2251 of 2023 Date :09/02/2023 RK/SBN/SAR-1 (16/02/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2