Kanageswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21005 of 2021 Kanageswaran ... Petitioner/Accused No.1 Vs The State rep. by, The Inspector of Police, Nainarkovil Police Station, Nainarkovil, Ramanathapuram District.

(In Crime No.284 of 2021).

... Respondent/Complainant For Petitioner : M/s.Sheik Nasurdeen.A, Advocate. For Respondent : M/s.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 284 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 332 and 307 of IPC in Crime No.284 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 04.11.2021 based on the information, the defacto complainant went to the place of occurrence and found the petitioner and others were bursting the crackers in front of hotel by violating the guidelines. When the defacto complainant questioned the same, the petitioner quarreled with them and A2 attacked him with wooden logs, due to which, the defacto complainant sustained injuries. Hence, the case was registered against the petitioner.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The sixth accused was already arrested and released on bail. The other co-accused were also granted anticipatory bail by the trial Court.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the injured person has been discharged from the hospital. He would further submit that apart from this case, the petitioner is having three previous cases in Crime Nos.60 of 2020, 162 of 2020 and 165 of 2021. 5.Considering the nature of the offence and also considering the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

CP Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.21005 of 2021 Date :29/12/2021 SP/JM/SAR III/03/01/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/