Vetriselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10504 of 2019 1.Vetriselvan 2.Ganesan ... Petitioners/Accused No.3 and 4 Vs The State Rep.by The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.

Crime No.94 of 2019 ... Respondent/Complainant For Petitioner : M/s.M.Maria Vinola, Advocate.

For Respondent : Mr.V. Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 94 of 2019 on the file of the Respondent police.

ORDER : The Court Made the following order :- The petitioners/ accused no.3 and 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294 (b), 324, 323, 307 and 506 (ii) of IPC, seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that as per the FIR, on 14.06.2019, the defacto complainant, who is the lorry driver has participated in the temple festival and he questioned the petitioners regarding the money collected from the public for the celebration of the festival. Hence, the petitioners attacked the defacto complainant with aurval and beer bottle. Due to this, the defacto complainant sustained grievous injury. He further submitted that the petitioners are https://hcservices.ecourts.gov.in/hcservices/

innocent persons and they were falsely implicated in this case. He further submitted that the injured was also discharged from the hospital, and hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent has submitted that this is the second anticipatory bail application and during the temple festival, the petitioners assaulted the defacto complainant with aruval and beer bottle and criminally intimidated him. He further submitted that one previous case is pending against the petitioners under Section 307 IPC, Hence, he opposed this petition.

5. Taking into consideration of the facts and circumstances of the case and also considering the submissions made by the learned Additional Public Prosecutor that one previous case is pending against the petitioners under Section 307 of IPC and also the fact that there is no change in facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Hence the anticipatory bail petition is dismissed. sd/- 25/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, NALATTINPUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.MARIA VINOLA Advocate SR.No.12259

ORDER

IN CRL OP(MD) No.10504 of 2019 Date :25/07/2019 aav TK/PN/SAR.2/29.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/