G.Naveen v. The Inspector Of Police

CRL OP(MD). No.9503 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2023 PRESENT The Hon`ble Mr.Justice P.VADAMALAI CRL OP(MD). No.9503 of 2023 G.Naveen ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.101/2023) ... Respondent/Complainant For Petitioner : Mr.S.Arunnithy, Advocate.

For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 307, 302 of IPC, in Crime No.101 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute on temple festival between the youngsters from Kampalipatti village and the accused No.1. On 20.03.2023, the son of defacto complainant namely Vasudevan and his friend Palkannan were going in their bike to college, the accused were followed them in bike, restrained and attacked them with knife and beer bottle, both of them got injured and so, they taken to Melur Government Hospital. The Doctor confirmed the said Vasudevan died. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. There is no enmity between the deceased and the petitioner. The petitioner was not present in https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9503 of 2023 India at the time of previous dispute. The respondent Police implicated the petitioner without proper enquiry.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the earlier order that was dismissed by this Court on 20.04.2023 in Crl.O.P(MD) No.7335 of 2023 on the ground that there is specific overt act against this petitioner and he had brutally attacked the deceased Vasudevan and therefore custodial interrogation of the petitioner is very much required in this case.

5. Taking note of that there is no change of circumstances after dismissal of the earlier anticipatory bail application and considering the nature and gravity of offences, this Court is not inclined to grant anticipatory bail to the petitioner.

6. In the result, this Criminal Original Petition stands dismissed.

sd/- 24/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9503 of 2023 Date :24/05/2023 RS/CG/SAR-4(29.05.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2