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Madras High CourtCRL OP(MD)/16804/2022dismissed

Vivekanandan @ Vivek v. The Inspector Of Police

2022-09-19Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.16804 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16804 of 2022 Vivekanandan @ Vivek ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

(Crime No.287/2022) ... Respondent/Complainant For Petitioner : M/s. Mathavan.G, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.287 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.287 of 2022, seek anticipatory bail.

2.The case of the prosecution is that on 13.09.2022, while the defacto complainant was taking parcel in the canteen, the first accused namely Arungulavan picked up quarrel with the defacto complainant. On continuation, the petitioner along with other accused persons went to the defacto complainant's house, attacked him and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners would submit that due to previous enmity, a false case has been foisted against the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16804 of 2022 petitioner and he is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner is having seven previous cases and he is an history sheeter. He would further submit that the injured is still in hospital and the investigation is not yet completed. 5.Considering the nature of the offence and the bad antecedents of the petitioner and also the fact that the injured is still in hospital, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp 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, Ganesh Nagar Police Station, Pudukkottai District.

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

ORDER

IN CRL OP(MD) No.16804 of 2022 Date :19/09/2022 RD/VR/SAR-1(28/09/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2