Palanivel v. The Inspector Of Police

CRL OP(MD)No.12313 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.12313 of 2021 PALANIVEL ... PETITIONER/SINGLE ACCUSED VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT CRIME NO.165 OF 2021.

... RESPONDENT/COMPLAINANT For Petitioner : Mr.A.Mohan, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.165 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(i) I.P.C, in Crime No.165 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioner intimidated the Village Administrate Officer while discharging his duty. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) would submit that the defacto complainant is a Village Administrative Officer. The petitioner went to the defacto complainant's work place and requested to issue a certificate for electric connection to be obtained for the thatched shed made in his agricultural land. After https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.12313 of 2021 some time, the petitioner contacted the defacto complainant through cell phone and asked him to issue the certificate without spot inspection and scolded him in filthy language. He would further submit that the investigation is yet to be completed. 5.Considering the conduct of the petitioner that he prevented the Government official from discharging his duty, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 6.Though the petitioner criminally intimidated the Government Official and also prevented him from discharging his duties, the respondent police has not added Section 353 I.P.C in the FIR. Therefore, the respondent police is directed to include Section 353 I.P.C and proceed further.

sd/- 31/08/2021 / TRUE COPY / / /2021 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, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.12313 of 2021 Date :31/08/2021 msa USK/JM/SAR-III/(20.09.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2