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Madras High CourtCRL OP(MD)/803/2017ordered

Reegan v. The Inspector Of Police,

2017-01-31Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.803 of 2017 REEGAN ... PETITIONER/ ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.682 OF 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.H.VELAVADHAS Advocate For Respondent :Mr.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 452, 294(b), 324, 323, 427, 307 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.682 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned Government Advocate (Crl.side) states that totally there are 5 accused in this case and the petitioner herein is A1 and the allegation against him is that he attacked the defacto complainant with sword on the forehead, shoulder and neck of the de-facto complainant and caused head injuries to him. A2 was granted bail by the concerned Sessions Judge. A3 to A5 were granted anticipatory bail by this Court in Crl.O.P.(MD).No.24144 of 2016 and the injured has been discharged from the hospital.

3. The learned counsel for the petitioner states that the petitioner herein is A1 in this case and the injured has been discharged from the hospital. A2 was granted bail by the concerned Sessions Judge and A3 to A5 were granted anticipatory bail by this Court in Crl.O.P.(MD).No.24144 of 2016 dated 19.01.2017 and the investigation is still pending.

4. Considering the above facts and circumstances of the case and also the alleged overt act of the petitioner herein that he caused head injuries attacking with sword upon the de-facto https://hcservices.ecourts.gov.in/hcservices/

complainant, though he was discharged from the hospital, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed.

sd/- 31/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION,KANYAKUMARI DISTRICT. 2.ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

AKV MS/CM.MSA/6.2.2017/2P.3C

ORDER

IN CRL OP(MD) No.803 of 2017 Date :31/01/2017 https://hcservices.ecourts.gov.in/hcservices/