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Madras High CourtCRL OP(MD)/16021/2023dismissed

Sahaya Sajin v. The Inspector Of Police

2023-09-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Sahaya Sajin ... Petitioner/Accused Rank Not Known Vs The State, represented by The Inspector of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.388 of 2023).

... Respondent / Complainant For Petitioner :

Mr.R.Manojkumar, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.388 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Unknown who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 307, 1/3

324, 427, 447 and 506(ii) of IPC in Crime No.388 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that eight months ago, the defacto complainant bought the second hand motor bike from the first accused consultancy and the original registration certificate was not received by the defacto complainant. On 20.08.2023 at about 6.00 p.m., the defacto complainant went to the first accused's consultancy and enquired about the original registration certificate, an enmity arose between them. Further case of prosecution is that A1 to A4 along with one another came to the defacto complainant's house at about 11.30 p.m., and abused the defacto complainant in filthy language and the accused threw the hollow bricks towards the defacto complainant's father. Hence, the defacto complainant's father sustained blood injuries and the accused also damaged the defacto complainant's car glass. Hence, complaint.

3.The learned counsel for the petitioner would contend that the petitioner is innocent and a false case has been foisted against him.

4. The learned Additional Public Prosecutor would submit that co-accused has been granted anticipatory bail by the order dated 30.08.2023. Further the petitioner is involved in crime No.9 of 2023 under Sections 294(b), 325, 326 and 506(ii) IPC.

5. Considering the fact that the petitioner is involved in offence under Section 2/3

326 IPC, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed. sd/- 04/09/2023 / 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, Eraniel Police Station, Kanyakumari District.

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

ORDER

IN CRL OP(MD) No.16021 of 2023 Date :04/09/2023 ED/JGB/SAR- (11/09/2023) 3P / 3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3