Madras High CourtCRL OP(MD)/5464/2020dismissed

Rajee @ S.Raju v. The Inspector Of Police

2020-05-27Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.5464 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5464 of 2020

1. Rajee @ S.Raju

2. Sajin

3. Yesudhas

4. Domi

5. Daniel @ Daniel Raj

6. Lawrence ... Petitioners/Accused Nos.2,4,8,10 to 12 Vs State Rep.by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime.No.628 of 2020) ... Respondent/Complainant For Petitioners: M/s.M.R.Sreenivasan, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.628 of 2020. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 341, 294(b), 323, 324, 506(ii) of I.P.C., r/w Section 4 of TNPHW Act-2002 in Crime No.628 of 2020 on the file of the respondent police, seek anticipatory bail.

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CRL OP(MD). No.5464 of 2020 3.As per FIR, the defacto complainant Sathish and his associates were brutally attacked by the petitioners with deadly weapon on 16.05.2020 at about 05.00 p.m. The injured persons were taken to the Government Hospital, Thakkalai. The defacto complainant and one Justin Samuel were admitted as impatient whereas other injured persons Iyyappan, Yesudhas, Shanmugasuthan were treated as outpatient. The defacto complainant and Justin Samuel have sustained cut injury on their head.

4.The learned Additional Public Prosecutor strongly opposed to grant anticipatory bail to the petitioners on the ground that rivalry prevailing between 2 groups and there is threat to the peace in the locality.

5.Taking note of the objection and the weapon used by the accused and the seat of injury, this Court is of the opinion that if the anticipatory bail granted to the petitioner, there is a chance for recurrence of this occurrence and threat to witnesses. Hence, this criminal original petition is dismissed. sd/- 27/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5464 of 2020 Date :27/05/2020 MS/PN/SAR-2/28.05.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2