Ganesamoorthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6619 of 2022 Ganesamoorthi ... Petitioner/Accused No.17 Vs The State represented by The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(Crime No.227 of 2021) ... Respondent/Complainant For Petitioner : Mr.P.Singaravel, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in connection with the case in S.C.No.26 of 2022 before the learned III Additional District Judge, Tirunelveli, in Crime No.227 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A.17 is facing a case for the offences punishable under Sections 302, 120B and 109 IPC, on the file of the learned III Additional District Judge, Tirunelveli, in Crime No.227 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused attacked the defacto complainant's son by using deadly weapons, due to that, the defacto complainant's son died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor would submit that the absconding charge sheet has been filed showing the petitioner as absconding accused and the case was taken on file, that since the Non-Bailable Warrant could not executed, the case was ordered to be split up as against the present petitioner and the same is pending. He would further submit that the alleged incident was occurred on 12.07.2021 and thereafter the petitioner had remained absconding and that the petitioner is having 7 previous cases. 5.Considering the above facts and circumstances and also the seriousness and gravity of the offence alleged against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 19/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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 III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6619 of 2022 Date :19/04/2022 SP/SVR/SAR IV/25/04/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/