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Madras High CourtCRL OP(MD)/8893/2023dismissed

N.Porchezhian v. The Inspector Of Police

2023-05-17Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.8893 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8893 of 2023 N.Porchezhiyan ... Petitioner/Rank Not Known Vs The State rep. by The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.214 of 2023).

... Respondent/Complainant For Petitioner : M/s.Thalaimutharasu.G, Advocate.

For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.214 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 306 IPC in Crime No.214 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a property dispute between the husband of the de-facto complainant namely Raja and his brother. On 24.04.2023, the de-facto complainant's brotherin-law/A1 came in the house with drunken mode and attacked the defacto complainant. Hence, the said Raja went to the police station, during that time, the Sub-Inspector of Police ill-treated the said Raja and advised him to solve the family property dispute amicably. Due to the said mental agony, the said Raja committed suicide on 28.04.2023 in front of the respondent police station. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8893 of 2023 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prayed for anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that the occurrence was taken place on 28.04.2023 and the investigation is still pending. 5.Considering the facts that there existed property dispute between the family members and also the fact that the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Inspector of Police, Lalgudi Police Station, Trichy District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8893 of 2023 Date : 17/05/2023 NA/VR/SAR-2/22.05.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2