Suriya Prakash v. The Inspector Of Police

CRL OP(MD). Nos.15656 and 16055 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). Nos.15656 and 16055 of 2022 Suriya Prakash ... Petitioner/Accused No.3 in CRL OP(MD). No.15656 of 2022 1.Praveen @ Thangasamy 2.Naveen @ Thangavel ... Petitioners/Accused No.1 & 2 in CRL OP(MD). No.16055 of 2022 Vs State Rep.by The Inspector of Police, Sellur, Madurai District.

(In Crime No. 769 of 2022).

... Respondent/Complainant in both petitions Ayyappan

...Petitioner/Intervenor

in Crl MP(MD)Nos.1136 & 1137 OF 2022 IN Crl OP(MD)Nos. 15656 & 16055 OF 2022 For Petitioners : M/s.S. Prabha, Advocate (CRL OP(MD). No.15656 of 2022) : Mr.S. Nihar Ali, Advocate (CRL OP(MD). No.16055 of 2022) For Intervener : Mr.P.Suresh Kumar, Advocate in Crl MP(MD)Nos.1136 & 1137 OF 2022 IN Crl OP(MD)Nos. 15656 & 16055 OF 2022 For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No. 769 of 2022 on the file of the respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 324, 506(ii) r/w 109 I.P.C, in Crime No.769 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a practicing Advocate. Since he got bail to one Thivam under https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). Nos.15656 and 16055 of 2022 SC/ST cases, the accused persons abused him in filthy language, assaulted and also threatened him with dire consequences. Hence, the complaint.

3.On the side of the petitioners, it is stated that the petitioners are innocent and not committed any offence, as alleged by the prosecution. The petitioners are A1 to A3. Injured was discharged from the hospital. No specific overtact against A3. Hence, prays to release them on anticipatory bail. 4.On the side of intervener, it is stated that several threats were made by the accused persons. The accused persons assaulted the defacto complainant with deadly weapons. Hence, prays to dismiss the petitions.

5.On the side of respondent, it is stated that though the injured was discharged from hospital, the A3 is having four previous cases at his credit and the accused persons assaulted the defacto complainant with deadly weapons. Investigation is not yet completed. Hence, prays to dismiss the petitions.

6.Though the injured was discharged from the hospital, considering the facts and circumstances of the case and gravity of offence and the fact that the investigation is still in nascent stage, this Court is not inclined to release the petitioners on anticipatory bail.

7.Accordingly, these Criminal Original Petitions stands dismissed.

sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SELLUR, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD)Nos.15656 & 16055 of 2022 Date :22/09/2022 pnm PKP/GB/SAR-2/28.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2