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Madras High CourtCRL OP(MD)/10887/2022dismissed

Edwin Vijayaraj v. The Inspector Of Police

2022-10-12Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.10887 of 2022 Edwin Vijayaraj ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

(Crime.No.228 of 2022).

... Respondent/Complainant Mary Irin Iswarya ... Intervene Petitioner/ Proposed Respondent No.2 (in Crl.M.P.(MD)No.7181/2022) For Petitioner : M/s.Jameel Arasu B, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) For Intervenor : No Appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.228 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 447, 324 and 506(ii) IPC @ 294(b), 427, 307 and 506(ii) IPC, in Cr.No.228 of 2022, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis

2.The case of the prosecution is that the petitioner is the brother of the de-facto complainant. On 08.05.2022, when the defacto complainant went to her parental house, there was a wordy quarrel arose between the petitioner and the de-facto complainant, in which, the petitioner assaulted the de-facto complainant and her husband and caused injuries. Hence, the complaint. 3.The learned counsel for the petitioner would submit that this Court, by order dated 12.08.2022, granted interim anticipatory bail to the petitioner for a period of one month on condition that the petitioner must deposit a sum of Rs.1,00,000/- to the credit of Crime No.228 of 2022 towards treatment charges of the de-facto complainant. He would further submit that the petitioner is not in a position to deposit the said amount within the time prescribed by this Court.

Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl. side) would submit that the petitioner has not complied with the earlier order of this Court, dated 12.08.2022. The investigation is going on. Hence, he strongly opposed to grant anticipatory bail.

5.Considering the gravity and nature of the offence and also considering the conduct of the petitioner and also fact that the petitioner has not complied with the earlier order of this Court, dated 12.08.2022, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.M.JERIN MATHEW Advocate SR.No.11306

ORDER

IN CRL OP(MD) No.10887 of 2022 Date :12/10/2022 SP/GB/SAR II/17/10/2022/2P/4C https://www.mhc.tn.gov.in/judis