K.Esakiraja v. The Inspector Of Police
CRL OP(MD). No.19079 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19079 of 2022 K.Esakiraja ... Petitioner/Accused No.
(Rank Not Known) Vs The State rep.by, The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.
Cr.No.156/2022.
... Respondent/Complainant For Petitioner : M/s.Malaikani S, 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. 156/2022 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), 109, 147, 302 and Section 506(i) IPC in Crime No.156 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 05.09.2022, there was a wordy quarrel arose between the deceased viz., Vigneswaran and his friends with one Mathankumar and that when the deceased and one Selvakumar were at shop, A1 to A4 came and trampled on the private part of the deceased and that the deceased suffered wheezing and subsequently, died on 08.09.2022. Hence, the compliant.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.19079 of 2022 implicated in this case. He would further submit that the petitioner name is not even mentioned in the FIR and he seeks anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that there was a money dispute between A1 and A2. He would further submit that based on the confession of A1, this petitioner is arrayed as accused and it is also a case of attempt to murder and the investigation of the case is pending and hence, the custodial interrogation of the petitioner is necessary and he strongly opposed to grant anticipatory bail to the petitioner.
5. Considering the submission made by the learned Government Advocate (Crl. Side) appearing for the respondent also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 03/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1.THE INSPECTOR OF POLICE, VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S,MALAIKANI, Advocate ( SR-12363[I] dated 03/11/2022 )
ORDER
IN CRL OP(MD) No.19079 of 2022 Date :03/11/2022 RK/SSS/SAR-3 (14/11/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2