Kennady v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kennady ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Dindigul Taluk Police Station, Dindigul District, Crime No.347/2024 ... Respondent/Complainant Gnanaraj ... Intervener/Defacto Complainant In CRL MP(MD).6845/2024 in CRL OP(MD).9352/2024 For Petitioner :

Mr.M.Suresh, 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.347/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 120-B, 341, 294(b) and 302 IPC in Crime No.347 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that due to previous enmity, the petitioner herein and other accused have committed the murder of the defacto complainant's brother. 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 and his name has been falsely implicated in this case. He would further submit that based on the confession of co-accused only the petitioner herein is arrayed as accused and seeks anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the pettioner herein and other accused have waylaid the defacto complainant's elder brother with deadly weapons and committed the murder of the deceased and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. The learned counsel for the intervenor submitted that the petitioner herein highly influential person and he is also a habitual offender and if the petitioner is released an anticipatory bail they will tamper with the evidence and prays for dismissal of this petition.

6. Considering the submission made by the learned Additional Public Prosecutor appearing for the respondent and also considering the nature of allegations made against the the petitioner, this Court is not inclined to grant 2/3

anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.9352 of 2024 Date :08/07/2024 RS/JGB/SAR-(30.07.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3