Aswin @ Aswin Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 13/09/2022 Delivered on : 19/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.14891 of 2022 Aswin @ Aswin Babu ... Petitioner/Sole Accused Vs.

State rep.b y The Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No.314/2022.

... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.314/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294 (b), 307 and 506(ii) IPC, in Crime No. 314 of 2022, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was having one side love with the sister of the defacto complainant, who was studying in 10th standard and the same was questioned by the defacto complainant. On 10.08.2022, at about 9.00 pm., the petitioner went to the defacto complainant and abused the defacto complainant in filthy language and assaulted him with sickle and also threatened him with dire consequences. A case in Crime No.314 of 2022, was registered against the petitioner. https://www.mhc.tn.gov.in/judis

3. On the side of the petitioner, , it is stated that the petitioner is no way connected with the case.The petitioner and the defacto complainant's sister love each other. Only on the instruction of the sister of the defacto complainant, the petitioner went there and prayed the petitioner to be released on bail.

4. On the side of the prosecution, it is stated that the petitioner is having one side love with the sister of the defacto complainant, who was studying 10th standard. The petitioner caused multiple injuries and the defacto complainant took treatment for one month as inpatient, for his head injury and then he was discharged from the hospital and prayed the petition to be dismissed.

5. Considering the facts and circumstances of the case and considering the nature of the offence and also considering the overt act against the petitioner, this Court is not inclined to allow the petition, at the present stage.

6. Hence, this petition is dismissed.

Sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14891 of 2022 Date :19/09/2022 SP/SVR/SAR II/21/09/2022/2P/3C https://www.mhc.tn.gov.in/judis