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Madras High CourtCRL OP(MD)/18378/2022dismissed

Malaikolundhan v. The Inspector Of Police

2022-10-17Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.18378 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18378 of 2022 1.Malaikolundhan 2.Sankar 3.Ramkumar

4. Vinoth

5. Bharathithasan ... Petitioners/Accused Nos.1 to 5 Vs The State rep.by, The Inspector of Police, Musiri Police Station, Trichy District.

Crime No.365 of 2022.

... Respondent/Complainant For Petitioners :

M/s.Arunraj K, Advocate.

For Respondent :

Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.365 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), 427, 324 and 506(ii) of IPC r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act, in Crime No.365 of 2022, seek anticipatory bail.

2.The case of the prosecution is that on 09.10.2022, due to wordy quarrel, the petitioners abused the defacto complainant in filthy language, assaulted him and also threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioners are innocents and they have not commit any offence as https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18378 of 2022 alleged by the prosecution. He would further submit that due to the aforesaid occurrence, a counter case in Crime No. 364 of 2022 has been registered as against the defacto complainant's family members and he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that it is a case and case in counter and the injured is still in hospital and investigation in this case is at the preliminary stage. Hence, he strongly opposed for grant of anticipatory bail.

5.Considering the nature of the offence and also considering the facts that the injured is still taking treatment in hospital and investigation is at the preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.18378 of 2022 Date :17/10/2022 cp MK/SSS/SAR. /28.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2