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Madras High CourtCRL OP(MD)/19331/2022dismissed

Subbaiah v. The Inspector Of Police

2022-11-04Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19331 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19331 of 2022 Subbaiah, ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Thirupparankundram Police Station, Madurai City.

Crime No. 466/2022.

... Respondent/Complainant For Petitioner : M/s.Praburamachandran R, 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.466 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 452, 294(b), 323 and 307 IPC, in Cr.No.466 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner's son Rajkumar proposed his love with one Pavithra, who is the daughter of the de-facto complainant, due to which, the defacto complainant's mother went to the petitioner's house and warned them not to disturb his daughter. Thereafter, some quarrel arose between the petitioner's son and the defacto complainant's son. Due to that, the petitioner and his son attacked the defacto complainant. Hence, the complaint.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19331 of 2022 3.The learned counsel for the petitioner would submit that due to enmity, a false case was foisted against the petitioner and the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.Side) would submit that the petitioner's son had continuously followed the de-facto complainant's daughter and compelled to love him. He would further submit that the injured was discharged from the hospital. He would further submit that A1 and A2 were already arrested and still in judicial custody and the investigation is not yet completed. Hence, he prayed for dismissal of this petition.

5.Considering the facts and circumstances of the case and also considering the facts that A1 and A2 were already arrested and still in judicial custody and the investigation is not yet completed as stated by the learned Government Advocate (Crl. side), this Court is not inclined to grant anticipatory bail to the petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THIRUPPARANKUNDRAM POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.19331 of 2022 Date :04/11/2022 sji PKP/SSS/SAR-4/17.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2