Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.5297 of 2021 Mohan ... Petitioner/Accused Vs The State Rep. by The Inspector of Police, Perungudi Police Station, Madurai.

Crime No. 14 of 2021. ... Respondent/Complainant For Petitioner : Mr.Vishnu V, 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.14 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 307 IPC in Crime No.14 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the injured person in this case and the petitioner herein are assailants and it appears that they joined together and committed offence. The petitioner said to have demanded money to pay Advocate fee. The injured told him that he has no money. Thereafter, on 18.01.2021, at about 1.30 am., the defacto complainant heard noise of the injured, who is the brother of the defacto complainant and rushed to the house of the injured and it was found that the petitioner and other accused attacked the injured with aruval and caused severe injuries. Hence, the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that co-accused in this case granted anticipatory bail and therefore, he prayed for anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) appearing for the respondent police strongly opposed this petition on the ground that the petitioner is a known rowdy element and there are 11 previous cases including three murder cases are pending against him. 5.Considering the nature of incident and the fact that the petitioner is having 11 previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 23/04/2021 / 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, PERUNGUDI POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.5297 of 2021 Date :23/04/2021 GNS TE/SKN/SAR-I : 17/05/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/