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Madras High CourtCRL OP(MD)/8188/2021dismissed

Palavesam v. The Inspector Of Police

2021-06-23Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8188 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8188 of 2021 Palavesam ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

Crime No.252 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.Suyambulinga Bharathi, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.252 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(i) of IPC in Crime No.252 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 17.06.2021, at about 03.30 p.m., when the defacto complainant and his friends had gone to tasmac shop, the accused came there and picked up a quarrel stating that why he was not giving banana to his father for selling. The accused had also hit the defacto complainant with stone on his left side of head and he suffered injury. The accused had also attakced vetriprabakaran, who prevented him. Therefore, this case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

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CRL OP(MD). No.8188 of 2021 4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that the investigation is not completed and this case is registered only on 17.06.2021. He further submitted that the petitioner has four previous case against him, which details are as follows: 1.Crime No.268 of 2020 under Sections 147, 294(b), 307, 341, 353 and 506(ii) of IPC @ 294(b), 307, 353 and 506(ii) of IPC.

2.Crime No.287 of 2018 under Sections 107 Cr.P.C., 3.Crime No.110 of 2018 under Section 4(1)(i) of TNP Activities 4.Crime No.101 of 2016 under Sections 147, 148, 294 (b), 323, 324, 427 and 506(ii) of IPC and Section 4 of TNPHW Act.

5.Taking note of the fact that the petitioner has four previous cases against him and that 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/- 23/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER IN CRL OP(MD) No.8188 of 2021 SM Date :23/06/2021 TK/PN/SAR.2/28.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2