Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Sathish Kumar

2. Muthukumar ... Petitioners/Accused Nos.5 and 6 Vs The State Represented by its The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District, Crime No. 158/2021.

... Respondent/Complainant For Petitioners : Mr.M.S.Jeyakarthik, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 158 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 341, 324, 307, 506(ii) and 120(b) of I.P.C., in Crime No.158 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there is a dispute between the family of the defacto complainant and the family of Muthuramalingam in connection with election. On 16.06.2021 at about 09.00 pm., when the husband of the defacto complainant was standing in Pandiyur to S.V.Mangalam Road, Saravanan, Karmegam and two unknown persons waylaid him and scolded him in filthy language and attacked him with Aruval. As a result, he suffered injuries on head, left and right side wrist and chest. On hearing his noise, the defacto complainant, Karthy and Durai took him and admitted in the hospital. Hence, the present complaint.

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3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor opposed this petition on the ground that the investigation is pending. He further submitted that the petitioners are having previous case. They are as follows:- Sathish Kumar 1.Nainarkovil Police Station in Crime No.335 of 2020 under Sections 188, 269 and 279 of I.P.C.

2.Nainarkovil Police Station in Crime No.130 of 2021 under Section 4(1) (aaa) of TNP Act.

3.Nainarkovil Police Station in Crime No.153 of 2021 under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C.

Muthu Kumar 1.Nainarkovil Police Station in Crime No.29 of 2020 under Sections 294(b), 323, 506(i) of I.P.C.

2.Nainarkovil Police Station in Crime No.15 of 2011 under Section 147, 148 and 324 of I.P.C. @ 323, 324 and 506 (ii) of I.P.C.

3.Nainarkovil Police Station in Crime No.153 of 2021 under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C 5.Since the petitioners are having previous cases, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Hence, this Criminal Original Petition is dismissed. sd/- 09/07/2021 / 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.

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TO 1.THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8728 of 2021 Date :09/07/2021 IAS AE/VR/SAR-III/12.07.2021/3P/3C 3/3