Kodeeshwaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16123 of 2021 Kodeeshwaran ... Petitioner/Accused No.2 Vs The State rep.by, The Sub Inspector of Police, Watrap Police Station, Virudhunagar District Cr.No.131 of 2021. ... Respondent/Defacto Complainant For Petitioner : Mr.Haja Mohideen A, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 131 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 offence punishable under Sections 147, 148, 294(b), 323, 324, 336 and 506(i) of IPC, and Tamil Nadu Prohibition of Harassment of woman Act, 1998, in Crime No.131 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused trespassed into the defacto complainant's land and abused the defacto complainant in filthy language and also attacked him with stones and sticks. 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. This is the third anticipatory bail petition filed by the petitioner and the earlier petitions filed by the petitioner in Crl.O.P(MD) Nos.8543 and 9978 of 2021 were dismissed on 07.07.2021 and 31.08.2021, On the ground that the petitioner has caused grievous injuries to the victim. However, to show his bonafide, the petitioner is ready to pay the medical expenses to the victim. https://hcservices.ecourts.gov.in/hcservices/

4.Based on the above said submission, this Court has granted interim protection to the petitioners with a direction to the petitioner to pay the medical expenses to the victim. 5.Today i.e on 27.10.2021, when the matter is taken up for hearing, the learned Government Advocate would submit that as on date, the petitioner has not paid any compensation to the victim, as undertaken by him.

6. Considering the conduct and attitude of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 27/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) 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 SUB INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT. 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.16123 of 2021 Date :27/10/2021 RK/JC/SAR-I(16/11/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/