C.V.Agniswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15393 of 2021 C.V.Agniswaran ... Petitioner/Accused No.3 Vs State rep.by The Inspector of Police, Mandaicadu Police Station, Kanyakumari District.

(Crime No.76 of 2021).

... Respondent/Complainant For Petitioner : M/s.N.Tamilmani, Advocate.

For Respondent : M/s.P.Kottai Chamy Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.76 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.76 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused abused the defacto complainant in filthy language and also attacked him with stick. Therefore, the present case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the defacto complainant impleaded the petitioner's name only because he is the friend of the https://hcservices.ecourts.gov.in/hcservices/

5th accused. He would further submit that this is the second application filed by the petitioner and the earlier application filed by him in Crl.O.P(MD).No.13329 of 2021 was dismissed as withdrawn on 14.09.2021.

4. The learned Government Advocate (Crl.side) appearing for the respondent police opposed the anticipatory bail petition on the ground that the petitioner along with other accused attacked the defacto complainant with deadly weapons and also submitted that the investigation is not yet completed.

5. Considering the facts and the circumstances of this case, the fact that the investigation is at the initial stage and the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. Sd/- 07/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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, Mandaicadu Police Station, Kanyakumari District.

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

ORDER

IN CRL OP(MD) No.15393 of 2021 Date :07/10/2021 https://hcservices.ecourts.gov.in/hcservices/ SP/JC/SAR I/25/11/2021/2P/3C