M.Nallakannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.3896 of 2021 M.Nallakannu ... Petitioner/Accused Rank not Known Vs The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Cr No. 105/2021.

... Respondent/Complainant For Petitioner : Mr.Pragalathan N, Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.105 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 326, 307, 109 and 506 (ii) of IPC, in Crime No.105 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, on the date of occurrence, when the victim was standing in front of a fruit shop, the petitioner and co-accused had come in two wheeler with deadly weapons and they said to have attacked the victim with Aruval, due to which, the victim's left hand below the wrist was amputated and his right index finger and thumb finger got severed. Hence, the present complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the investigation is at initial https://hcservices.ecourts.gov.in/hcservices/

stage.

5.It is seen from the submission and also the allegation made in the First Information Report that due to previous enmity, on the date of occurrence, the petitioner and co-accused had come in two wheeler with deadly weapons and they said to have attacked the victim namely Murugan @ Indira Murugan with Aruval, due to which, the victim's left hand below the wrist was amputated and his right index finger and thumb finger got severed.

6.Considering the facts and circumstances of the case and also the gravity of offence committed against the victim and also the fact that the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Hence, this criminal original petition stands dismissed. sd/- 07/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER

IN CRL OP(MD) No.3896 of 2021 Date :07/04/2021 SMA/PN/SAR-3/19.04.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/