Murugesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Murugesan, S/o.Poochi

2. Muruganantham, W/o.Murugesan ... Petitioners/Petitioners/ Accused Nos.1 & 2 Vs State Rep by The Sub Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

(Crime No.97/2022)..

... Respondent/Complainant For Petitioners : M/s.Kaliraj M, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.97/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b), 324 and 506(ii) IPC in Crime No.97 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 14.06.2022 at about 03.00 pm., 1/3

when the defacto complainant was transporting the articles for the purpose of putting up the construction, he levelled the path. At that time, the accused persons prevented him from doing the aforesaid work, criminally intimidated him and also caused assault with Aruval on various parts on the body. The wife of the defacto complainant was also assaulted. At the intervention of the neighbours, that was averted.

3. This is the second anticipatory bail petition. Earlier bail petition filed by the petitioners in Crl.O.P(MD).No.12058 of 2022 was dismissed by this Court on 18.08.2022, on the ground that the defacto complainant sustained grievous injuries. This petition has been filed mainly on the ground that it is case in counter case and injured has been discharged from the hospital.

4. The Investigating Officer is present before this Court and he has also stated that based upon the complaint given by the brother-in-law of the first accused, the present case has been registered, wherein it is stated that the accused persons attacked the defacto complainant and caused injuries to him.

5. The learned counsel for the petitioners submitted that because of the above said occurrence, the petitioners' children suffered and they could not attend the school regularly and also submitted that the injured has been discharged from the hospital.

6. Considering the gravity of the offence, the petitioners are not entitled for anticipatory bail. Accordingly, this Criminal Original Petition is dismissed. The petitioners are directed to surrender before the respondent police and thereafter, seek regular bail.

sd/- 12/09/2022 / TRUE COPY / /09/2022 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.

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TO

1. The Sub Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.15986 of 2022 Date : 12/09/2022 TR/GB/SAR-II(28.09.2022) 3P 3C 3/3