Manikandan v. The Inspector Ofpolice

CRL OP(MD). No.12040 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12040 of 2023 Manikandan ... Petitioner / Accused No.1 Vs State rep by The Inspector Of police, Srirangam Police Station, Srirangam, Trichy City (Crime No.1113 of 2023).

... Respondent / Complainant For Petitioner : M/s.Yamuna.R, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1113 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427 & 506(ii) of IPC, in Crime No.1113 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 19.06.2023 at about 6.30 p.m. in the evening on the eve of some death, they were attending the cremation. At that time trouble arose between the parties, over a petty issue of flowering the corpse. Because of the above said enemity, at about 9.30 p.m. on the same day, all the accused persons trespassed into the house with deadly weapons and caused assault and also caused damages worth about Rs.2,000/-. Based on the above said occurrence, case has been registered.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12040 of 2023 3.Now seeking anticipatory bail, this petition has been filed on the ground that only on petty issue between the defacto complainant and the petitioners over flowering of corpse at the time of cremation, the above said occurrence happened place. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a history sheeted person, having 9 previous cases. Among which murder case is also involved.

5.Even though it has been submitted by the petitioner in all those cases either bail or anticipatory bail was granted, the antecedents of the petitioner is the deciding factor here. Considering the bad antecedents of the petitioner, this Court is of the view that the petitioner is not entitled for any discretionary relief from this Court.

6.Accordingly, this criminal original petition stands dismissed.

sd/- 06/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Inspector of Police, Srirangam Police Station, Srirangam, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12040 of 2023 Date :06/07/2023 ED/ /SAR- (10/07/2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2