Madras High CourtCRL OP(MD)/14048/2017dismissed

Karuppaiah v. The Sub Inspector Of Police

2017-10-20Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14048 of 2017 1 KARUPPAIAH 2 KAVITHA ... PETITIONERS/ACCUSED No.1 and 3 Vs THE STATE THROUGH, THE SUB INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.

CR.NO.300/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.G.KANDHA VADIVELAN, Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b),324 and 506(ii) I.P.C., in Crime No.300 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant misbehaved with the daughter of the first accused /petitioner and thereafter the petitioner and other family members assaulted the defacto complainant. Accordingly, the case was registered against these petitioners and their family members. Accused No.2 was arrested and remanded to judicial custody. Accused Nos.1 and 3 before this Court for anticipatory bail.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) appearing for the respondent, on instructions, would submit that the injured still in the hospital as in-patient and Accused No.2 is still in judicial custody and investigation is pending. He further submitted that if the petitioners are enlarged on anticipatory bail, they will tamper and interfere with evidence.

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5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the injured still in the hospital under treatment, I am not inclined to grant anticipatory bail to these petitioners/accused. Accordingly, this Criminal Original Petition for anticipatory bail is dismissed.

sd/- 20/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14048 of 2017 Date :20/10/2017 PK/RR-BS/SAR-2/25.10.2017 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/