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Madras High CourtCRL OP(MD)/19136/2016dismissed

Duraisamy, v. The Inspector Of Police,

2016-10-20Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.19136 of 2016 DURAISAMY, ... PETITIONERS / SOLE ACCUSED Vs THE INSPECTOR OF POLICE, THIRUPPACHETTI POLICE STATION, SIVAGANGAI DISTRICT IN CR. NO.259 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.RAHUL Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) For Intervener : MR.K.KANNAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 324 and 506(ii) IPC r/w Section 4 of TNPHW Act, 2002 in Crime No.259 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner has abused the defacto complainant in filthy language, attacked her with Aruval and also caused cut injury on her right hand.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any such offence as alleged by the prosecution.

5. Learned Government Advocate (Crl.Side) would submit that there is one previous case against him and that injured has been discharged from the hospital.

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6. Though injured has been discharged from the hospital, taking note of the fact that the petitioner has a bad antecedent and also the fact that he caused severe cut injury on the defacto complainant, who is a woman, this Court is of the view that custodial interrogation of the petitioner is necessary in this case and therefore, this Court is not inclined to grant anticipatory bail to him.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THIRUPPACHETTI POLICE STATION, SIVAGANGAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/SKS/RR/SAR-III-7.11.16-2P-3C

ORDER

IN CRL OP(MD) No.19136 of 2016 Date :20/10/2016 https://hcservices.ecourts.gov.in/hcservices/