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Madras High CourtCRL OP(MD)/9016/2021dismissed

Kuttaraja @ Alagar Raja v. The Inspector Of Police

2021-07-08Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.9016 of 2021 Kuttaraja @ Alagar Raja ... Petitioner/Accused No.3 Vs THE STATE REP. BY The Inspector of Police, Town North Police Station, Dindigul District.

Crime.No.664 of 2021.

` ... Respondent/Complainant For Petitioner : Mr.Prem Kumar S, 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.664 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 307 and 506(ii) of IPC, in Crime No.664 of 2021, seeks anticipatory bail.

2.The defacto complainant is an auto driver. The case of the prosecution is that two days before the incident when he was talking with one Rajagopal near Muniyappan temple, Rajagopal spill water on a small boy. When it was questioned by Akbarali there was a fight between both of them. On 15.06.2021 at about 04.30 hrs when the defacto complainant and Rajagopal were sitting in the same temple at that time, Akbarali along with his friends Chinnathangam, Kuttaraja came there with aruval and tried to attack Rajagopal .When the defacto complainant tried to intervene, Rajagopal escaped from the attack. As a result of which the defacto complainant sustained injuries. Therefore, this case came to be registered. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that co-accused in this case was granted anticipatory bail by the Sessions Court.

4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. He would also submit that one previous case is pending against the petitioner under Section 302 of IPC.

5. Considering the nature of offence and the fact that the investigation is in preliminary stage and that the petitioner is having one previous case under Section 302 of IPC , this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 08/07/2021 / 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.

TO

1. THE INSPECTOR OF POLICE TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.9016 of 2021 Date :08/07/2021 AAV TE/JC/SAR-II : 13/07/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/