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Madras High CourtCRL OP(MD)/2958/2023dismissed

Chelladurai v. The Inspector Of Police

2023-02-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.2958 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.2958 of 2023 Chelladurai ... Petitioner/Accused No.1 Vs The State represented by, The Inspector of Police, Navalpattu Police Station, Trichy District.

(Crime No.12/2023).

... Respondent/Complainant For Petitioner : S.Veerapandiselvaraj, 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.12/2023 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 341, 294(b), 324, 307 and 506(ii) of I.P.C., in Crime No.12 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there is a dispute between the parties regarding one Thangamani Asari case, due to which, the petitioner and his son had abused the de-facto complainant in filthy language and attacked him with deadly weapons, resulting in him, sustaining severe injuries. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.2958 of 2023 case, since he happens to be the father of A2. Hence, he would seek for anticipatory bail.

4.The learned Government Advocate (Crl. side) would submit that it is a case of grievous nature. He would further submit that the petitioner is the first accused in this case and his son/A2 was earlier involved in a POCSO case registered in Crime No.140 of 2022 and now the trial has been taken up in Spl.S.C.No.11 of 2023 on the file of the Mahila Court, Trichy. The petitioner along with his son had gone and threatened the witness in the case and that they have also brutally assaulted the witness, resulting in the witness/victim, sustaining grievous injuries on the leg and head. He would further submit that it is a case of brutal nature, where, the accused have threatened the witnesses in a earlier case and he would object for grant anticipatory bail.

5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration the gravity of the offence and that it is a case where the petitioner along with his son had threatened the witness in the earlier case and caused grievous injuries, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. sd/- 15/02/2023 / 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, Navalpattu Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.2958 of 2023 Date :15/02/2023 NA/VS/SAR-I/23.02.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2