Dharmar v. The Inspector Of Police

CRL OP(MD). No.4053 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4053 of 2020

1. DHARMAR

2. LINGESWARAN

3. MARI ... PETITIONERS/ACCUSED NOS.1 TO 3 VS STATE REP. BY THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMNAD DISTRICT, CRIME NO.35 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioners : M/s.R.M.Makesh Kumaravel, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.35 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/ accused who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324,427 506(ii)of IPC and Section 4 of TNPHW Act, seek anticipatory bail.

2. According to the prosecution the petitioners and the defacto complainant had money dispute regarding sharing of hire rent of tractor owned by A1/ the first petitioner herein. There was physical altercation between both groups and case and counter case has been registered by the respondent police. The present petitioners herein are accused in Crime No. 35 of 2020, whereas the defacto complainant in this case is an accused in Crime No. 34 of 2020.

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CRL OP(MD). No.4053 of 2020

3. The case against the petitioners is that they went to the house of the defacto complainant with deadly weapons and attacked the defacto complainant with aruval causing cut injuries.

4. The learned counsel for the petitioner would submit that the defacto complainant and the petitioners are relatives and due to some money dispute the incident had occurred and the parties from both side have sustained injuries. Since the incident had taken place due to previous enmity, they may be granted anticipatory bail to settle the dispute amicably.

5. However on perusal of case records and the nature of injuries caused by the petitioners and the defacto complainant indicates that they have trespassed into the house of the defacto complainant to cause injuries.

6. The injuries sustained by the first petitioner cannot be a reason for granting anticipatory bail.

7. Hence the anticipatory bail petition is dismissed. sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMNAD DISTRICT.

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

+1 CC to M/s.MAKESH KUMARAVEL, Advocate ( SR-4793[I] dated 05/03/2020 )

ORDER

IN CRL OP(MD) No.4053 of 2020 Date :04/03/2020 AAV TK/JC/SAR 1/06.03.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2