← Library
Madras High CourtCRL OP(MD)/15389/2023dismissed

Jegan v. The Inspector Of Police

2023-08-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Jegan 2.Dharmar 3.Poongodi ... Petitioners/Accused Nos.1 to 3 Vs State Rep.by The Inspector of Police, Kadupatti Police Station, Madurai District.

(Crime No.134 of 2023).

... Respondent/Complainant For Petitioner :

Mr.D.Saravanan, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor For Intervenor :

Mr.Aayiram K.Selvakumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.134 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/3

The petitioners/Accused Nos.1 to 3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 342, 324, 307 IPC r/w. Section 4 of TNPHW Act, in Crime No.134 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity regarding passing of drainage water in front of the petitioner's house by defacto complainant and his family members, on 16.08.2023, the petitioners picked up quarrel with the defacto complainant and made an indiscriminate cut on the defacto complainant and his wife. The injured were taken to the hospital. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners no.2 amnd 3 did not cause any injury, they are aged parents of the first petitioner. When their life and limbs are at danger, to protect them, the first petitioner mutually fight with the defacto complainant.

4. The learned Additional Public Prosecutor would submit that the injured are still in hospital.

5. Considering the facts and circumstance of this case, even though the learned counsel for the petitioners submitted that even as per the First Information Report, only the first accused is made the above said assault, injured are still in hospital, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, this 2/3

anticipatory bail petition deserves dismissal and accordingly dismissed. sd/- 24/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.D.SARAVANAN, Advocate ( SR-12886[I] dated 28/08/2023 )

ORDER

IN CRL OP(MD) No.15389 of 2023 Date :24/08/2023 RS/VRS/SAR-(11.09.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3