Madras High CourtCRL OP(MD)/5550/2021dismissed

J.Maruthu Rajan v. The Inspector Of Police

2021-04-19Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)Nos.5550 & 5556 of 2021

1. J.Maruthu Rajan

2. J.Natchimuthu ... Petitioners/Accused Nos.5&8 Vs The State rep. by The Inspector of Police, Amathur Police Station, Virudhunagar District.

Crime No.51 of 2021. ... Respondent/Complainant Crl.O.P.(MD)No.5556 of 2021

1. J.Manimaran

2. J.Veeramallan ... Petitioners/Accused Nos.4&6 Vs The State rep. by The Inspector of Police, Amathur Police Station, Virudhunagar District.

Crime No. 51 of 2021. ... Respondent/Complainant For Petitioners : Mr.Musthafakhan.M., (in both Crl.OPs.) Advocate.

For Respondent : Mr.K.Dinesh Babu, (in both Crl.OPs.) Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail Crime No.51 of 2021 on the file of the Respondent Police.

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COMMON ORDER : The Court made the following common order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 307, 324, 506(2) IPC in Crime No.51 of 2021, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, on 03.04.2021 at about 05.45 am., the petitioners and other accused persons said to have unlawfully assembled and attacked the defacto complainant with long knife and caused injuries to him. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor strongly opposed this petition on the ground that the petitioners herein are rowdy elements. That apart, the first petitioner in Crl.O.P.(MD)No.5550 of 2021 is having five previous cases pending against him and the second petitioner in Crl.O.P.(MD)No.5550 of 2021 is having two previous cases pending against him. The first petitioner in Crl.O.P. (MD)No.5556 of 2021 is having eight previous cases pending against him and the second petitioner in Crl.O.P.(MD)No.5556 of 2021 is having three previous cases pending against him. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

6.It is seen from the submission made that due to previous enmity, the petitioners and other accused said to have attacked the defacto complainant with deadly weapon. It is also seen that the petitioners are having previous cases pending against them. Considering the above facts and circumstances of the case and considering the bad antecedents of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, these criminal original petitions are dismissed. sd/- 19/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

1. THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) Nos.5550&5556/2021 Date :19/04/2021 GNS SRS/PN/SAR-II/10.05.2021/3P/3C 3/3