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Madras High CourtCRL OP(MD)/14351/2020dismissed

K.Gunasekran v. The Inspector Of Police

2020-12-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.14351 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.14351 of 2020

1. K.Gunasekaran

2. K.Thilagar Raja

3. Thangeshwaran ... Petitioners/Accused Nos.1to3 Vs The State rep. by The Inspector of Police, Devadanapatti Police Station, Theni District.

(In Crime No.1459/2020). ... Respondent/Complainant For Petitioners : Mr.S.M.A.Jinnah, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1459/2020 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal Side) appearing for the respondent.

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 427, 323 and 506(i) of I.P.C., in Crime No.1459 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The case of the prosecution is that when the defacto complainant engaged in enrollment of voters program, the first petitioner came to the spot and abused him and tore the Chief Minister's picture. During that time, the second and third petitioners assaulted him with wooden log. Hence, the case has been registered.

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CRL OP(MD). No.14351 of 2020 4.The learned counsel appearing for the petitioners states that the petitioners are belonging to opposite political party. The defacto complainant belongs ruling party. During the enrollment of voters program, the defacto complainant erected banner and the same questioned by the petitioners. Due to political animosity, the defacto complainant lodged a false case.

5.The learned Government Advocate (Criminal Side) points out that there are as many as 21 cases are pending against the first petitioner, 14 cases are pending against the second petitioner and 11 cases are pending against the third petitioner. 6.After hearing the learned counsel for the petitioner and when this Court is not inclined to the grant anticipatory bail to the petitioners, the learned counsel appearing for the petitioners seeks permission of this Court to withdrawn this petition. 7.Accordingly, this criminal original petition is dismissed as withdrawn.

sd/- 09/12/2020 / TRUE COPY / / /2020 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 INSPECTOR OF POLICE, DEVADANAPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14351 of 2020 Date :09/12/2020 IAS SRS/AKM/SAR-II/14.12.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2