Nowpalmohaideen v. The Inspector Of Police
CRL OP(MD). No.18685 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18685 of 2022 Nowpalmohaideen, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
Crime No.232 of 2022.
... Respondent/Complainant For Petitioner : Mr.M.Viji, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 232 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(B), 323 and 506(i) IPC @ 294(b), 448, 427, 506(2) and 304(ii) IPC in Crime No.232 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity the petitioner has brutally attacked the defacto complainant in the said Crime Number and subsequently he died. Hence, a case has been registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and his name has been falsely https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.18685 of 2022 implicated in this case. He would further submit that counter case has also been registered in Crime No.294(b), 324, 506(2) IPC and he prays for granting anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that it is a case of case and counter and the petitioner herein has attacked the deceased person brutally. He would further submit that the custodial interrogation of the petitioner is necessary and hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Considering the serious nature of allegations made against the petitioner and also the submission made by the learned Government Advocate (Crl.Side) appearing for the respondent, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18685 of 2022 Date :19/10/2022 trp PKP/GB/SAR-1/31.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2