Premananthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3658 of 2015 PREMANANTHAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.36/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.ANUSHIYA, Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.36 of 2014, on the file of the respondent police for offences under Sections 120(b), 341, 506(ii) and 307 of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

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

3. It is the case of the prosecution that the de-facto complainant in this case belongs to one particular community and was living in a Government land. This petitioner belongs to different community and he had attacked the de-facto complainant grievously with lethal weapons resulting in the de-facto complainant suffering very serious injuries. On a reading of the FIR, it appears that there has been continuous assault by the petitioner against the defacto complainant and ultimately, on 23.02.2015, the present incident has taken place, wherein, this petitioner has attacked the de-facto complainant with knife.

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4. It is submitted that A2 and A3 have been arrested in this case and the injured was first taken by Ambulance to Karaikudi Government Hospital and from there to Sivaganga Medical College Hospital at Sivaganga and as the condition become so serious, the injured has been admitted to Government Rajaji Hospital, Madurai. Taking into consideration, the nature of allegations against the petitioner and the manner in which the de-facto complainant has been attacked, this Court is of the opinion that this is not a fit case to grant anticipatory bail. Accordingly, this petition is dismissed.

sd/- 11/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.3658 of 2015 Date :11/03/2015 msm 16.03.2015 p2/3c https://hcservices.ecourts.gov.in/hcservices/