V.Eniyavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN V.Eniyavan ... Petitioner / Accused No.10 Vs The State rep by The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.101 of 2023).

... Respondent / Complainant For Petitioner : M/s.Arunnithy.S, Advocate.

For Respondent : Mr.B.Nambisenvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A10, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 147,148,341,294(b),307 and 302 of IPC in Crime No.101 of 2023 on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that due to some dispute in the adal padal, cases were registered against the two village people. For which the petitioner along with the other accused persons conspired together and brutally murdered the deceased. Hence, the complaint.

3. Heard both side and perused the materials available on record including the First Information Report.

4. The learned counsel for the petitioner submitted that the petitioner's name is not found in the FIR and there is no specific overt act attributed against the petitioner.

5. There are totally 10 accused in this case and the petitioner herein is arrayed as A10.

Earlier application filed by the petitioner in Crl.O.P(MD).No.10019 of 2023 was dismissed by this Court on 09.06.2023, on the ground that the petitioner brutally attacked the deceased, due to which the deceased sustained injuries and died. The defacto complainant also sustained injuries.

6. The learned Additional Public Prosecutor appearing for the respondent police submitted that the the investigation in Crime No.101 of 2023 has been completed and the final report has been filed before the concerned Court and the same was taken on file.

7. Since the final report has been filed and same was taken on file, the 2/3

petitioner shall surrender before the concerned Court or respondent police and thereafter seek regular bail. This Court is not inclined to enlarge the petitioner on anticipatory bail.

8. In the result, the petition stands dismissed. sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.12621 of 2023 Date :11/07/2023 ED/DD/SAR- (29/07/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3