Lakshmanan @ Udaiyappan v. The Inspector Of Police
CRL OP(MD). No.13913 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13913 of 2022 Lakshmanan @ Udaiyappan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Kallal Police Station, Sivagangai District.
Crime No.102 of 2022.
... Respondent/Complainant For Petitioner : M/s.MOHAN A, Advocate.
For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.102 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offence under Sections 294(b), 341, 323, 324 and 506(ii) IPC @ Sections 447, 294(b), 342, 323, 506(ii) and 307 IPC in Crime No.102 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to land dispute between the parties, on 09.07.2022 at about 05.03 p.m., the petitioner and other accused trespassed into the de-facto complainant's land and tied up the cattle in the stone. When the same was questioned by the de-facto complainant, A1 attacked the complainant with aruval and caused injuries to him. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail.
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CRL OP(MD). No.13913 of 2022 4.The learned Government Advocate (Crl. side) strongly opposed for grant of anticipatory bail stating that the investigation is still pending.
5.It is seen that earlier, this Court, by order dated 02.08.2022, considering the fact that the petitioner's marriage was scheduled on 31.08.2022, granted interim anticipatory bail to the petitioner till 30.09.2022. However, considering the gravity and nature of the offence and also considering the overt act against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. sd/- 30/09/2022 / TRUE COPY / 06/10/2022 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 JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE KALLAL POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13913 of 2022 Date :30/09/2022 SJI SA/SVR/SAR.4/06.10.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2