Madras High CourtCRL OP(MD)/15414/2021dismissed

Paul Raj v. The Inspector Of Police

2021-10-22Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.15414 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15414 of 2021 Paul Raj ... Petitioner / Accused No.4 Vs The State Rep. by The Inspector of Police, Mandaikadu Police Station, Kanyakumari District.

Crime No. 76/2021.

... Respondent / Complainant For Petitioner : Mr.D.S.Haroon Rasheed.

Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor 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/A4, who apprehends arrest for the offence punishable under Sections 147, 148, 294(b), 307, 323, 324 and 506 (ii) I.P.C, in crime No.76 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the friend of the petitioner one Ajith was arrested by the respondent police regarding the sale of ganja and the petitioner and other accused presumed as if the defacto complainant is the informant to the police. Due to that motive, on 21.08.2021, the accused persons joined together and assaulted the defacto complainant by using deadly weapons with an intention to commit murder. Hence, the complaint. 3.The learned counsel for the petitioner claims that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Due to previous enmity, a false case has been foisted as against the petitioner. Hence, he prays for grant anticipatory bail.

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CRL OP(MD). No.15414 of 2021 4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed and there are 15 accused persons involved in the occurrence and they assaulted the defacto complainant in a rude manner. Hence, he strongly opposed for grant of anticipatory bail to the petitioner.

5.Considering the gravity of offence committed by the petitioner and also the objection raised by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM/msa 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, MANDAIKADU POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER IN CRL OP(MD) No.15414 of 2021 Date :22/10/2021 SB/VR/SAR-II/28.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/