Madras High CourtCRL OP(MD)/12802/2021dismissed

Allosius @ Allosius Prince v. The Inspector Of Police

2021-09-07Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.12802 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 07.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.12802 of 2021 Allosius @ Allosius Prince ... Petitioner/ Sole Accused Vs The State rep.by, The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No.309 of 2021) ... Respondent/ Complainant For Petitioner : Mr.M.Saravanan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.309 of 2021 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 offence under Sections 294(b), 324, 307, 506(ii) IPC, in Crime No.309 of 2021, seeks anticipatory bail.

2. The prosecution case is that the petitioner is involved in wood business and due to the pandemic outbreak, he suffered huge loss. Out of frustration, he abused and assaulted the family members. Hence, the complaint.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. In fact, the petitioner has sustained injury, for which, he is taking treatment at Sushrushah Hospital, Nagercoil. After the intervention of the elders of the family, the dispute has been resolved and therefore, he prays for grant of anticipatory bail.

4. Learned Government Advocate (Crl. Side) for the respondent police, on instructions, submitted that the petitioner has assaulted his wife and son. When the same was questioned and condemned by the petitioner's mother and sister, they were also brutally attacked by the petitioner. Since the investigation is at the nascent stage, he prayed for dismissing this application.

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CRL OP(MD)No.12802 of 2021

5. The nature of allegation levelled against the petitioner appears to be serious. He has assaulted his own wife and son and when the same was questioned by his mother and sister, they were also assaulted. They are also said to be taking treatment at the hospital. Considering the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner and this application is accordingly, dismissed.

sd/- 07/09/2021 / 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 KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12802 of 2021 Date :07/09/2021 GK MK/PN/SAR.I/13.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2