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Madras High CourtCRL OP(MD)/4701/2024dismissed

Suriya @ Balusuriya v. The Inspector Of Police

2024-03-26Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SURIYA @ BALUSURIYA ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI.

(CRIME NO.72/2024).

... RESPONDENT/COMPLAINANT For Petitioner : MR.S.MUNIYANDI Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.72 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused Rank not known, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 353, 1/4

332 and 224 IPC in Crime No.72 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as a Head Constable at Armed Force. The person viz, High Court Maharaja, who is now in judicial custody at Perurani District Prison, Thoothukudi in respect of a criminal case pending before the learned Judicial Magistrate, Vilathikulam and the said case was posted for hearing on 19.03.2024. The said High Court Maharaja was brought by the defacto complainant for appearance before the learned Judicial Magistrate, Vilathikulam. Subsequently, they were returned back to jail, during that time, the wife of the above said High Court Maharaja and her friend came to the alleged occurrence and threw the chilli powder at the face of the defacto complainant and other security guard and assaulted the defacto complainant and ran away from that place. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the wife of the Collector, who is now employed in Gujarat. He would further submit that the allegation made against the petitioner is that the petitioner helped the above said High Court Maharaja to escape from the scene of occurrence 2/4

and picked up him in her car is unbelievable one. Hence, he prays for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that all the accused persons joined together and helped the accused to escape from the scene of occurrence. Hence, he vehemently opposed for grant of anticipatory bail.

5. Considering the above facts and circumstances of the case and also considering the serious allegations made against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed. sd/- 26/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 3/4

TO 1.THE INSPECTOR OF POLICE THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI.

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

ORDER

IN Date :26/03/2024 RK/GS (05/04/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4