P.Maheswari v. The Inspector Of Police
CRL OP(MD)No.5518 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.5518 of 2021 P.Maheswari ... Petitioner/Accused No.A16 Vs State Rep. by The Inspector of Police, Elumalai Police Station, (In Cr.No.24 of 2020) Elumalai, Madurai District.
... Respondent/Complainant For Petitioner : M/s.Palaniyandi.NA., Advocate.
For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To Anticipatory Bail in Cr.No.24/2020 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, 342, 323 and 302 IPC r/w Section 109 IPC in Crime No.24 of 2020, seeks anticipatory bail.
2.The case of the prosecution is that A11 in this case gave a sum of Rs.15,000/- to the defacto complainant's brother to support one Paulraj in the local body election. However, the said Paulraj was not succeeded in the election. Therefore, all the accused persons asked the defacto complainant's brother to return the money and they said to have attacked the brother of the defacto complainant with deadly weapons and caused the death of the defacto complainant's brother. 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 the coaccused in this case were already arrested and released on bail. 4.The learned Additional Public Prosecutor submitted that the investigation in this case has been completed. However, he https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD)No.5518 of 2021 submitted that the petitioner herein already filed a petition in Crl.O.P.(MD)No.6314 of 2020 for anticipatory bail along with other accused and the same was ordered on 18.06.2020. Suppressing the above fact, this petition came to be filed and therefore, he opposed this anticipatory bail petition.
5.It is seen from the submissions made that A11 in this case gave a sum of Rs.15,000/- to the defacto complainant's brother to support one Paulraj in the local body election. However, the said Paulraj has not succeeded in the election. Therefore, all the accused persons asked the defacto complainant's brother to return the money and they said to have attacked the brother of the defacto complainant with deadly weapons and caused the death of the defacto complainant's brother. It is also seen that the petitioner already filed a petition in Crl.O.P.(MD)No.6314 of 2020 and the same was allowed. Suppressing the said fact, this petition came to be filed and there is no proper explanation for the same. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner and 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, ELUMALAI POLICE STATION, ELUMALAI, MADURAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.NA.PALANIYANDI, Advocate SR.No.3321
ORDER
IN CRL OP(MD) No.5518 of 2021 Date :23/04/2021 GNS JM/SKN/SAR IV/04.05.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2