M. Harish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M. Harish, ... Petitioner/Accused No.1 Vs The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No. 188 of 2024).

... Respondent/Complainant For Petitioner : Mr.V.Kathir Velu, Senior Advocate for Mr.K Jeyamohan, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener : Mr.V.Rajiv Rufus, Advocate.

PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 188 of 2024 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 109, 351(3) and 49 of BNS, 2023, in Cr.No.188 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is working as driver in HR&CE Department. Due to enmity, on 19.08.2024, the petitioner and other accused are said to have abused the defacto complainant in filthy language and attacked him with aruval and caused grievous injuries to him. Hence, the complaint. 3.Heard both sides.

4.The learned Senior counsel for the petitioner would submit that the in this case, the attack is not on the vital parts of the body. Secondly, even the allegations would point out that A3 only, who has engaged the other persons, the petitioner is only a Poojari and on suspicion, he is sought to be implicated. Admittedly, he did not attack the injured and the injured was also discharged from the hospital.

5. Considering the submissions made by the learned Senior counsel for the petitioner and also considering the nature of injury that the victim had suffered, which is said to be a sharp wound of 10 x 7 x 3 cm and other injuries, and also considering the fact that in this case, the allegation on behalf of prosecution is that wrong persons were set up as if they only attacked the injured and sought to be 2/4

surrendered, I am of the view that the truth has to be unearthed and this is not a fit case for enlarging the petitioner on anticipatory bail. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 03/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT

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

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-10886[I] dated 04/09/2024 )

ORDER

IN CRL OP(MD) No.14263 of 2024 Date :03/09/2024 3/4

PSP/ SG /SAR /19.09.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4