Gowtham @ Gowthamraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17804 of 2021
1. Gowtham @ Gowthamraja
2. Saravanan ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
(Crime No.726 of 2021). ... Respondent/Complainant For Petitioners : M/s.Vishnuram G, Advocate.
For Respondent : M/s.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.726 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 354 and 506(ii) IPC r/w Section 3 of TNPPDL Act, in Crime No.726 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 28.10.2021 at about 04.30 pm, the defacto complainant and his family members were going to attend Devar Jeyanthi, at that time the petitioners way laid the defacto complainant's vehicle and tearing the flag on his vehicle, when the same was questioned by the defacto complainant, the petitioners damaged the vehicle's front glass and also attacked him. Hence, the complaint.
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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that there was wordy quarrel between the parties, due to which, the petitioners attacked the defacto complainant and caused injury. He would further submit that the investigation is pending and the first petitioner is having five previous cases.
5.Considering the seriousness and gravity of the offence alleged against the petitioners and also the facts that the petitioners are having bad antecedents, and that the investigation is not yet completed as stated by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioners at this point of time.
6.In view of the above, this Criminal Original Petition is dismissed.
Sd/- 30/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS 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, Kamuthi Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.17804 of 2021 Date :30/11/2021 SP/CN/SAR III/10/12/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/