Jamuna v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jamuna ... Petitioner / Sole Accused Vs 1.The Inspector of Police, Vadipatti Police Station , Madurai, (Crime No.321/2023.) ... Respondent / Complainant 2.Alagammal ... Intervene Petitioner / Defacto Complainant in CRL MP(MD) No.13425 of 2023 For Petitioner :

M/s.Vinoth Kumar.B, Advocate.

For Respondent :

Mr.S. Manikandan, Government Advocate (Crl.Side) For Intervenor :

Mr.T.Vadivelan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.321/2023 on the file of the respondent police. 1/3

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) of IPC, in Crime No.321 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint stating that the petitioner encroached and put up a shed in the defacto complainant's brother's land which is adjacent to the petitioner house. When the same was questioned by the defacto complainant that led to quarrel between them. The petitioner abused the defacto complainant in filthy language, attacked with wooden log and threatened with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. He is not involved in any offence as alleged by the prosecution. There is a case in counter case.

4.The learned Government Advocate (Crl. Side) would submit that after taking treatment for seven days, the injured person was discharged from the Government Hospital and admitted in a private hospital and taking treatment there. 5.The learned counsel for the defacto complainant would submit that the because of the facture injury, the injured person still taking treatment as inpatient. 6.Though there is a case in counter case, the injured person is not discharged 2/3

from the hospital. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this criminal original petition stands dismissed. sd/- 15/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Inspector of Police, Vadipatti Police Station, Madurai.

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

ORDER

IN CRL OP(MD) No.16488 of 2023 Date :15/09/2023 ED/DD/SAR- (22/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3