Edwin @ Arockia Edwin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18056 of 2017 EDWIN @ AROCKIA EDWIN ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.222/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MANIMARAN Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 332, 307 & 506(ii) of IPC in Crime No.222 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that the de facto complainant is the Conductor of a mini bus. On 23.12.2017 when the accused parked his Jeep, which caused hindrance to drive mini bus, a dispute arose. Hence, the accused persons threatened him with dire consequences and also abused one Ramesh, who is a Sub Inspector of Police in filthy language.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. He also submitted that the petitioner did not aware of the fact as the said Sub Inspector of Police did not wear police uniform.

5.The learned Government Advocate (Crl.side) submitted that the petitioner is having 3 previous cases and on the date of occurrence, the petitioner attacked the Sub Inspector of Police. He further submitted that investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/

6.It is an unfortunate case as the petitioner has attacked the Sub Inspector of Police in a public place when the said Police officer was discharging his official duty. Further, the act of the petitioner cannot be countenanced by this Court. 7.Considering the facts and circumstances of the case and also taking note of the fact that the conduct of the petitioner in attacking the police officer in public place, I am not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original petition is dismissed. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18056 of 2017 Date :28/12/2017 MS/CM-VR/SAR.1/02.01.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/