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Madras High CourtCRL OP(MD)/11183/2022dismissed

Dinesh Kumar v. The Inspector Of Police

2022-06-23Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11183 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11183 of 2022 Dinesh Kumar ... Petitioner/Accused No.6 Vs The State rep.by The Inspector of Police, Melur Police Station, Madurai District.

Crime.No.111 of 2022.

... Respondent/Complainant For Petitioner : M/s.SANTHANAM RAJESHKUMAR.B, Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 111/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 323, 294(b), 324 506(i) and 302 of IPC, in Crime No.111 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused persons kidnapped the defacto complainant's son and attacked him. As a result of which, the deceased sustained injuries and died in the hospital.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. The petitioner has not committed any offence as alleged by the prosecution. He further submitted that in the FIR there is no specific allegation attributed against this petitioner.

4. The learned Additional Public Prosecutor submitted that based upon the confession statement of the co-accused namely Radhakrishnan, the petitioner's involvements came to be light. He would further submit that the petitioner along with the other accused assaulted the deceased with deadly weapon. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11183 of 2022

5. At this Juncture, the learned counsel for the petitioner submitted that on the date of alleged occurrence, the petitioner was working in the mechanic shop at Mellur i.e 20 Kilo Meters away from the occurrence place, it can be proved only through the investigation and the learned counsel for the petitioner further submitted that the co-accused was arrested and thereafter, he released on regular bail.

6.Considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 23/06/2022 / TRUE COPY / /07/2022 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, MELUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11183 of 2022 Date :23/06/2022 SA/VR/SAR.2/12.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2