Madras High CourtCRL OP(MD)/5226/2021dismissed

C.Murugan v. The Sub Inspector Of Police

2021-04-23Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.5226 of 2021 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.5226 of 2021 C.Murugan ... Petitioner/Accused No.1 Vs The Sub-Inspector of Police, Perungudi Police Station, Madurai District.

In Crime No.102/2021.

... Respondent/Complainant For Petitioner : Mr.C.M.Arumugam Advocate.

For Respondent : Mr.M.Ganesan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No. 102 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 Sections 147, 148, 448, 294(b), 341, 427, 323, 324, 506(ii) IPC and Section 4 of the Tamil Nadu Women Harassment Act in Crime No.102 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 31.03.2021 at about 11.30 pm., due to some dispute, the petitioner along with other accused said to have trespassed into the house of the defacto complainant and abused her in filthy language and also attacked the defacto complainant and her family members with wooden log and caused injuries. Hence, the complaint.

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 he had https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.5226 of 2021 given several complaints against the Sub-Inspector of Police and his brother also given complaint before the Superintendent of Police. In support of his contention, he produced copies of the complaint. 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 rowdy element and five previous cases pending against him.

5.In reply, the learned counsel for the petitioner submitted that the petitioner got anticipatory bail in all five cases. 6.It is seen from the allegations made in FIR that the petitioner herein is the main accused in this case. Admittedly, there are five previous cases pending against him and he got anticipatory bail in these cases. Getting anticipatory bail will not exonerate the petitioner from those cases. Considering the gravity of offence committed by the petitioner, 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 SUB-INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.5226 of 2021 Date :23/04/2021 GNS AE/SKN/SAR-1/17.05.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2