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Madras High CourtCRL OP(MD)/12686/2023dismissed

Selvakodi.J v. The Inspector Of Police

2023-07-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12686 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12686 of 2023 Selvakodi.J ... Petitioner/Accused Vs rep The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

Crime No.91/2023. ... Respondent/Complainant For Petitioner : K.Jayaseelan, Advocate For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.91/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 307, 353, 450, 506(ii) of I.P.C, in Crime No.91 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant and his friend Vignesh were arrested and remanded to judicial custody on 06.03.2023 for the offence of murder and the de-facto complainant and his friend were admitted in the hospital for treatment. Thereafter, on 18.04.2023 at about 05.45 p.m., the petitioners and other accused formed themselves into an unlawful assembly, attempted to murder the de-facto complainant while he was in lawful custody and threatened to kill him, hence, the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12686 of 2023

3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false complaint has been foisted against him. Similarly named person of the petitioner also involved in the occurrence as per prosecution. The injured has been discharged from the hospital. Some of the co-accused have already been enlarged on anticipatory bail. Hence, prays to release the petitioner on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the accused had abused and assaulted the defacto complainant. In this case, though the injured has been discharged and co-accused have already been enlarged on anticipatory bail, the petitioner is having seven previous cases at his credit. Hence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Though the co-accused have already been enlarged on anticipatory bail, considering the bad contact of the petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 12/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12686 of 2023 Date :12/07/2023 PKP/BUC/SAR- /14.07.2023/ 2P/3C https://www.mhc.tn.gov.in/judis 2/2