Ragul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Ragul

2. Kesavan ... Petitioners/Accused No.3&4 Vs State rep.by, The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

Crime No.718 of 2022.

... Respondent/Complainant For Petitioner : M/s.Arun Prasad A, For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.718 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A3 and A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506(ii) and 307 of I.P.C., in Crime No.718 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioners along with other accused attacked the de-facto complainant with aruval and wooden log. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in 1/3

this case. He would further submit that the second petitioner is a physical education teacher and he was working in the school at Thanjavur on the particular day.

4.The learned Government Advocate (Crl. side) would submit that it is a case where the petitioners have brutally assaulted the victim with iron rod on the head. The victim is taking treatment in the hospital. The arrested accused are still in custody and as far as the first petitioner is concerned one pervious case is pending against him and as far as the second petitioner is concerned, though he claims to be a physical education teacher, the incident had happened on the night hours and the enquiry also reveals that the second petitioner did not attend work on the particular day. He would further submit there are specific overt act attributed as against the petitioners and taking into consideration the victim is still taking treatment in the hospital, the petition may be dismissed.

5.Heard. Perused the materials available on record. 6.Taking into consideration of the facts and circumstances of the case and also the facts that the arrested accused are still in custody and there are specific overt act attributed as against the petitioners and the victim is still taking treatment in the hospital, this court is not inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 14/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.2634 of 2023 Date :14/02/2023 NA/VR/SAR-4/23.02.2023/3P/3C 3/3