Madras High CourtCRL OP(MD)/17253/2022dismissed

Balachandra Bose v. The Inspector Of Police

2022-09-27Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.17253 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17253 of 2022

1. Balachandra Bose

2. Moorthi

3. Rajvalavan

4. Rajkumar ... Petitioners/Accused 1,4,6 & 7 Vs State Rep by The Inspector of Police, Batlagundu Police Station, Dindigul District..

... Respondent/Complainant For Petitioners: M/s.Appadurai K, 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.332/2022 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 147, 148, 341, 323, 324, 506(ii) I.P.C, in Crime No.332 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 18.09.2022 at 07.00PM, the accused persons assaulted the defacto complainant with iron rod, stick, abused in filthy language and also threatened him with dire consequences. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17253 of 2022

3. On the side of the petitioners, it is stated that the petitioners are innocent and they had not committed any such offence, as alleged by the prosecution. Due to distribution of salary, a false case was foisted against the petitioners. Hence, prays to release them on anticipatory bail.

4. On the side of prosecution, it is stated that the in this case, there are totally eight accused. The petitioners are arrayed as A1, A4, A6, A7. A1 is having 7 previous cases, A4 is having three previous cases and A6, A7 are not having any previous case at their credit. The co-accused A2, A5, A8 were arrested and remanded on 19.09.2022 and they are still in custody and the injured is still taking treatment in the hospital. Hence, prayed to dismiss the petition.

5.Considering the gravity of the offence and nature of the offence committed by the accused persons and the previous antecedents of A1, A4, considering the fact that the injured is still taking treatment in the hospital and also the fact that the co-accused are in custody, this Court is not inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 27/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.17253 of 2022 Date : 27/09/2022 TR/GB/SAR-I(30.09.2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2