Madras High CourtCRL OP(MD)/16128/2021dismissed

Alavutheen v. The Inspector Of Police

2021-10-29Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.16128 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16128 of 2021 Alavutheen ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Singampunari Police Station, Sivagangai District.

(in Crime No.219 of 2021). ... Respondent/Complainant For Petitioner : M/s. Rajesh.B, Advocate.

For Respondent : Mr.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.219 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 324 and 506(ii) of IPC in crime No.219 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to some dispute, the petitioner and other accused persons gathered near the defacto complainant's house and abused her husband in filthy language. When the same was questioned by the defacto complainant's husband, the accused had attacked him with beer bottle and caused injury to him. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is the friend of the first accused, he is innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor for the respondent police submitted that the accused persons have attacked the victim on his head and back and caused serious injury. He further submitted that the investigation is in the initial stage. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16128 of 2021 5.Considering the facts and circumstances of the case, the nature of the injury sustained by the defacto complainant's husband and the fact that the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, Singampunari Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.16128 of 2021 Date :29/10/2021 RS/JM/SAR4 (15.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2