Sounder Rajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16535 of 2022

1. Sounder Rajan

2. Umamaheswari ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Puliangudi.

(Crime No.383/2022).

... Respondent/Complainant For Petitioners : M/s.Jinnah S M A, Advocate For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.383 of 2022 on the file of the respondent Police.

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 448, 294(b), 323, 342, 506(ii)I.P.C, in Crime No.383 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.08.2022, due to property dispute, the first petitioner/accused, who is the son of the defacto complainant, abused him in filthy language, assaulted and confined him in a room, threatened him with dire consequences. Hence, the complaint lodged against the first petitioner.

3. Since no case was registered against the second petitioner, the learned counsel for the petitioners is not pressing this petition, in respect of second petitioner.

https://www.mhc.tn.gov.in/judis

4. On the side of the petitioners, it is stated that the first petitioner is innocent and has not committed any such offence, as alleged by the prosecution. It is a false case, lodged against the first petitioner. Hence, prays to release him on anticipatory bail.

5. On the side of prosecution, it is stated that the first petitioner assaulted his own father, who is aged about 80 years, for getting registration of a property and prayed to dismiss the petition.

6.Considering the gravity of the offence and the overt act attributed against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition stands dismissed insofar as the first petitioner is concerned.

7. Insofar as the second petitioner is concerned, since the learned counsel for the petitioners made an endorsement to the effect that he is not pressing this petition, this petition is dismissed as not pressed as against the second petitioner. Sd/- 14/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Inspector of Police, Puliangudi.

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

ORDER

IN CRL OP(MD) No.16535 of 2022 Date :14/09/2022 SP/SVR/SAR II/22/09/2022/2P/3C https://www.mhc.tn.gov.in/judis