Vijay Anand v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.5744 of 2021 1.Vijay Anand 2.Kannan Maharaja 3.Munichamy 4.Muthu Karuppaih 5.Vijaya 6.Radhakrishnan 7.Muthukrishnan ... Petitioners/Accused No.1 to 7 Vs The Inspector of Police, SS Kottai Police Station, Sivagangai District.
Cr No. 321/2021. ... Respondent/Complainant Ramakrishnan ...Intervenor/Defacto Complainant in CRL MP(MD)No.3417 of 2021 For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) For Intervenor : Mr.R.Balamurugan PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No. 321/2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 325, 448, 109 and 506(ii) IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act in Crime No.321 of 2021, seek anticipatory bail.
2.The case of the prosecution is that there was a property dispute between the defacto complainant and the accused. Due to which, on 17.04.2021 at about 8.30 am., all the accused trespassed into the house of the defacto complainant and started attacking the defacto complainant with aruval, iron rod and wooden log and when the wife of the defacto complainant tried to save him, the accused https://hcservices.ecourts.gov.in/hcservices/
pushed her down. As a result, the defacto complainant lost his two teeth and sustained multiple injuries. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and due to election motive, a false case came to be registered.
4.The learned counsel appearing for the intervenor submitted that due to the attack of the accused, the defacto complainant and his wife sustained several injuries. Hence, he opposed this petition.
5.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the injured person has been discharged from the hospital. However, he submitted that investigation in this case is pending.
6.It is seen from the records that the injured sustained grievous injuries and the defacto complainant lost his two teeth. Considering the above facts and the fact that the investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
sd/- 26/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 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, SS Kottai Police Station, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.5744 of 2021 Date : 26/04/2021 VB AKM SAR I(19/05/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/