Madras High CourtCRL OP(MD)/20844/2016dismissed

P.Madasamy v. The Inspector Of Police

2016-11-16Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20844 of 2016 1 P.MADASAMY 2 S.SUDHAN ..PETITIONERS/ACCUSED 3 & 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE TUTICORIN SOUTH POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO.1193/2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.P.MANI ANANDH Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) For Intervenor : Mr.L.SHAJI CHELLAN, 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 147, 148, 294(b), 323, 307 and 506(ii) IPC in Crime No.1193 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the petitioners along with other accused assaulted the defacto complainant's brother-inlaw with deadly weapons and escaped from the spot. 4.Learned counsel for the petitioners submitted that the petitioners are innocent and the defacto complainant has foisted a false case against them.

5.Learned Government Advocate (Crl. Side) submitted that the first petitioner was arrested and he was in custody and she would further submit that the second petitioner has got four previous cases.

6.Considering the fact that the first petitioner was arrested and remanded to judicial custody, this petition is dismissed as against the first petitioner.

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7.Considering the facts and circumstances of the case and also taking note of the bad antecedents of the second petitioner, this Court is not inclined to grant the relief of anticipatory bail sought by the second petitioner.

8.Accordingly, the Criminal Original Petition is dismissed in respect of second petitioner.

sd/- 16/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, TUTICORIN SOUTH POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.P.MANI ANANDH Advocate SR.No.69605 ORDER IN CRL OP(MD) No.20844 of 2016 Date :16/11/2016 PBK/SK-SKN/SAR-III 28/11/2016 ::2P-4C:

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