M.Muthukumar v. The Inspector Of Police

CRL OP(MD). No.18697 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.18697 of 2022 M.Muthukumar ... Petitioner/ Sole Accused Vs The State Rep.by The Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi, Thoothukudi District.

(Crime No.353/2022) ... Respondent/Complainant For Petitioner : M/s.Pragalathan N, 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.353/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.353 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the tenant of one Rani, who is the mother-in-law of the petitioner herein. The petitioner's wife and daughter were missing and a case was registered in Crime No.330 of 2022 on the file of the respondent police under the caption of 'Women Missing'. On 11.10.2022, when the defacto complainant was in his house, the petitioner herein attacked him with knife stating that where his https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18697 of 2022 wife and daughter were hidden by him and abused him in filthy language. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner shall abide any conditions imposed by this Court and he may be granted anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit the injured is still in hospital and investigation is at the preliminary stage. Hence, he strongly opposed for grant of anticipatory bail.

5.Considering the nature and gravity 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/- 19/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP To 1.The Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.18697 of 2022 Date :19/10/2022 RD/SSS/SAR-I(02/11/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2