Deepak 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.5458 of 2021 Deepak ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Crime No. 213/2021 ... Respondent/Complainant For Petitioner : Mr.Vijayakumar.S., 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. 213 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 342, 294(b), 506(ii) and 307 IPC in Crime No.213 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the defacto complainant trespassed into the house of the petitioner and damaged the household articles and therefore, the petitioner and other accused attacked the defacto complainant 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 there is a counter case filed against the defacto complainant in crime No.212 https://hcservices.ecourts.gov.in/hcservices/

of 2021 for the offence under Sections 452, 294(b), 506(ii)IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss)Act, 1992. 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 injured person still taking treatment in the hospital as inpatient.

5.Considering the fact that the injured person still taking treatment as inpatient, 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, SIVAGANGAI TOWN POLICE STAITON, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5458 of 2021 Date :23/04/2021 GNS TE/VR/SAR-IV : 17/05/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/