Bharath v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Bharath
2. Naveenkumar @ Kumaresan ... Petitioners/A-1 & A-3
Versus
State rep. by The Inspector of Police, Viruveedu Police Station, Dindigul District.
(Crime No.72 of 2024) ... Respondent/Complainant For Petitioners : Mr.S.Vikram, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.72 of 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, in 1/4
connection with a case in Crime No.72 of 2024, for the offence punishable under Sections 294(b), 323, 324 & 506(2) of IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioners and other accused abused the defacto complainant in filthy language, attacked him with broken beer bottle and also threatened with dire consequences. Hence, the case.
3. The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposes for grant of anticipatory bail to these petitioners that considering the nature of injuries, this Court had dismissed the earlier application by order dated 13.06.2024. Further, he submits that the investigation is yet to be completed.
4. The learned counsel appearing for the petitioner submits that the injury in simple in nature. However, it is projected as a grievous injury in the earlier occasion. Therefore, the earlier application was dismissed.
5. Considering the said submission, this Court has directed the respondent police to file a report and the respondent police has also filed a report as under: "5.I respectfully submit that after dismiss of the above said anticipatory bail application, we receive the accident registered the government headquarters hospital, Usilampatti on 11.07.2024 wereby, the Assistant Civil Surgeon of the said hospital certified 2/4
that as per injury report from the Government Rajaji Hospital, Madurai the injury is simple in nature. The statement of the above said Assistant Civil Surgeon was recorder statement U/s.161 of Cr.P.C on 11.07.2024. In the said accident register, the injuries sustained by the said 'Ajithkumar' is as follows, (Q) Deep penetrating lacerated wound over mandibular and submandibular regions side of neck(Q) 5cm x 2cm x depth(h)6cm x 2cm x depth -(h) A lacerated penetrating wound of (1) lower part of neck 3cm x 2cm x depth. Hence, even though, the said Assistant Civil Surgeon certified as injury is simple in nature, the same is a grievous hurt as per clause eighthly on Secion 320 of IPC."
6. Considering the nature of injury and also considering the report of the respondent police, this Court is not inclined to grant anticipatory bail to these petitioners.
7. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR 3/4
TO 1 THE INSPECTOR OF POLICE VIRUVEEDU POLICE STATION, DINDUGUL DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10588 of 2024 Date :26/07/2024 SS/VR/SAR- /14/08/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4