Vinoth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Vinoth, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No. 329/2024..

... Respondent/Complainant For Petitioner : M/s. Russel Raj. R, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.329 of 2024 on the file of the Respondent police. 1/3

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 281, 106 of BNS, 2023 and 187 of MV Act, 1989 @ Sections 281, 106(1)(2) of BNS, 2023 r/w 49 of BNS, 2023, and Section 199(A) MV Act, 1989, in Crime No.329 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that when the husband of the defacto complainant was returning from his sister's house by a two wheeler, he stopped the two wheeler on the left side of the road to have a tea at a tea shop. At that time, the first accused, who is a juvenile, drove the vehicle in a rash and negligent manner and dashed against him. As a result, he sustained grievous injuries all over his body. Even when he was taken to the hospital, the doctor who examined the injured declared that the injured had died. Hence, the complaint. 3.Heard both sides.

4. Considering the fact that the petitioner is only the owner of the vehicle and allowing a employee/A1 in his poultry farm to take up the Bolero pickup vehicle, in which the juvenile drove without license and caused the death of the defacto complainant's husband, this is not a fit case for enlarging the petitioner on anticipatory bail.

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5. Accordingly, this Criminal Original Petitition stands dismissed. sd/- 09/09/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Judicial Magistrate, Eraniel, Kanyakumari District..

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

ORDER IN CRL OP(MD) No.15080 of 2024 Date : 09/09/2024 SB/SG/SAR- (21/09/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3