Kovilraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.9320 of 2021 Kovilraj ... Petitioner/Accused No.1 Vs The State Rep. by, The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi District, (Crime No. 260 of 2020).
... Respondent/Complainant For Petitioner : Mr.V.Sorimuthu, 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. 260 of 2020 on the file of Respondent police.
ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b),323,324,506(ii) of IPC, in Crime No.260 of 2020, seeks anticipatory bail.
2.The case of the prosecution is that there is previous enmity between the defacto complainant and the accused in connection with playing volley ball. There is a criminal case pending against the accused. His brother was attacked by some persons and the accused persons were threatening him to withdraw the complaint. On 20.12.2020 at about 5.30 pm., when the defacto complainant and one Ramakrishnan were talking near Meehavel school the accused persons had come there in a Indica car bearing Reg. No.TN 22 TL 8948 and they asked him to withdraw the complaint, else they would kill him. When he refused to do so, the accused persons started attacking him https://hcservices.ecourts.gov.in/hcservices/
with knife and sticks. Mari and Sowndhar caught hold of him, Koilraj tried to stab him with knife and attacked him on his face repeatedly. They also made criminal intimidation and left the place. Therefore, this case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. He would further submit that three previous is pending against the petitioner in Crime Nos.25 of 2018, 164 of 2020, 265 of 2020.
5.Taking into consideration the fact that the defacto complainant was attacked mainly by this petitioner and also the fact that three previous cases are pending against him, this Court is not inclined to grant anticipatory bail to the petitioner.
6. In the result, the petition stands dismissed. sd/- 15/07/2021 / 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, THATTARMADAM POLICE STATION, THATTARMADAM, THOOTHUKUDI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.9320 of 2021 Date :15/07/2021 AAV USK/JC/SAR-I : 19/07/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/