Sivasubbu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sivasubbu ... Petitioner / Accused Vs State, through The Inspector of Police, Woraiyur Police Station, Trichy City.

(Crime No.926 of 2023).

... Respondent / Complainant For Petitioner :

Mr.Krishnaveni.P, Advocate.

For Respondent :

B.Nambiselvan, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.926 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/3

The petitioner/Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 302, 147, 148 I.P.C, in Crime No.926 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that there was some dispute over horse race between the deceased and the accused. On 19.03.2023, they had fight after a race at Palanganakudi, Thiruveambur, and the same went in peace after the compromise talk made by the horse race committee. Due to previous motive, on 26.05.2023, at about 12.15 p.m., while the son of the defacto complainant was walking near Taakkar road along with his brother, the accused Nos.2 to 6 came with Aruval, abused and murdered the son of the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely roped in this case. This petition has been filed on the ground that only on the basis of confession statement of co-accused, this petition has been implicated. Except that there is no material to implicate this petitioner as accused.

4. The learned Additional Public Prosecutor would submit that material has been collected during the investigation process to show that the petitioner was present during the occurrence and a knife was recovered from this petitioner. A serious allegation has been made against the petitioner that he prevented the deceased from moving from the occurrence place. Further, the petitioner is having 2/3

six previous cases at his credit.

5. Recording the submission made by the learned Additional Public Prosecutor, the petitioner has to go under the custodial interrogation and is directed to surrender before the respondent Police. This is not a fit case to enlarge the petitioner on anticipatory bail. Hence, I find no reason to entertain this petition.

6. With the above said direction, this Criminal Original Petition stands dismissed.

sd/- 08/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, Woraiyur Police Station, Trichy City.

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

ORDER

IN CRL OP(MD) No.14413 of 2023 Date :08/08/2023 ED/ /SAR- (07/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3