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Madras High CourtCRL OP(MD)/18759/2021dismissed

S.Muniyappan v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD) No.18759 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.18759 of 2021

1. S.Muniyappan

2. Ramakrishnan ... Petitioners/Accused No.5, 7 Vs State Rep.by The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

Cr. No. 61 of 2014. ... Respondent/Complainant For Petitioners : M/s.Selvan T, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.61 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.5 & 7, who apprehend arrest at the hands of the respondent police for the offence punishable under sections 147, 148, 294(b), 323, 324, 506(ii) of IPC, in Crime No.61 of 2014, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused searching the relative of the defacto complainant with filthy language. When the same was questioned by the defacto complainant, they abused him with filthy language and attacked him with stones. Hence, this complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that after completing the investigation, final report was filed before the learned Judicial Magistrate, Nilakkottai and it was taken on file in C.C.320 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.18759 of 2021 and due to the nonappearance of the petitioners, NBW was issued on 11.11.2021 and the same is pending against these petitioners. 5.The learned counsel for the petitioners would submit that the petitioners may be permitted to file re-call application, direction may be issued to the Court to consider the same, on the same date of surrender.

6.But, such sort of direction, cannot be given by this Court. The petitioners have to workout their remedy by filing proper application.

7.Considering the facts and circumstances of the case and considering the reasons for nonappearance and long absconding, the petitioners are not entitled for anticipatory bail. 8.Accordingly, this Criminal Original Petition is dismissed. sd/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, Pattiveeranpatti Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.18759 of 2021 Date :09/12/2021 RS/PN/SAR3(14.12.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2