Durai,A1 v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD)Nos.9121,9128 and 9129 of 2020 Durai ... Petitioner/Accused No.A1 in CRL OP(MD)No.9121 of 2020 Veerandran ... Petitioner/Accused No.A3 in CRL OP(MD)No.9128 of 2020 Selvam ... Petitioner/Accused No.A2 in CRL OP(MD)No.9129 of 2020 Vs The State rep.by The Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District.
Crime No.222 of 2020 ... Respondent/Complainant in all these petitions For Petitioners : M/s.S.Muthalraj, Advocate.
in all these petitions For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) in all these petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 222 of 2020 on the file of the respondent police Common Order : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 323,341 and 506(ii) of IPC seek anticipatory bail.
2. The defacto complainant in this case is the informer about illegal sand mining and transportation of river sand. Earlier the defacto complainant said to have informed about the illegal sand 1/3
mining to the police, due to that on 25.08.2020 A2 in this case said to have attacked the brother of the defacto complainant . Thereafter on the very same day about 11.00 am all the accused went to the house of the defacto complainant and also tried to attack his brother, however he escaped and ran into the agricultural field, where all the accused abused him and when the same was informed to the defacto complainant he rushed to the scene of occurrence where all the accused persons attacked him with iron rod and caused injuries. Hence he was immediately taken to hospital where statements were recorded. Based on the same crime was registered.
3. The learned counsel for the petitioners submitted that it is a case and case in counter .Earlier the defacto complainant attacked the petitioners herein and caused serious injuries. Based on the complaint given by the petitioners crime was registered for the offences under Sections 147,148,323,324 and 307 of IPC in Crime No.223 of 2020. He would also submit that the petitioners are innocent and a false case has been foisted against them.
4. The learned Government Advocate(Crl.Side) would submit that the petitioners are habitual offenders and involved in illegal sand mining. When the defacto complainant informed about the illegal sand mining of the petitioners herein the petitioners herein tried to attack brother of the defacto complainant however he escaped and ran into the agricultural field, where all the accused abused him and when the same was informed to the defacto complainant he rushed to the scene of occurrence where all the accused persons attacked him with iron rod and caused injuries.
5. Taking into consideration the gravity of offence and the injuries sustained by the defacto complainant and also the antecedent of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Hence these petitions stands dismissed.
sd/- 08/09/2020 / TRUE COPY / / /2020 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.
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TO 1.THE SUB-INSPECTOR OF POLICE, KARAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.
2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+3. C.C. to Mr.NA.PALANIYANDI Advocate SR.Nos.6323 to 6325 ORDER IN CRL OP(MD)Nos.9121,9128 and Date :08/09/2020 AAV TK/PN/SAR.3/10.09.2020/3P/6C 3/3