Arivanantham v. The Sub Inspector Of Police

CRL OP(MD). No.20023 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20023 of 2022 Arivanantham ... Petitioner/Accused Vs The State represented by The Sub Inspector of Police, Gandamanur Vilakku Police Station, Theni District.

in Crime No.193/2022.

... Respondent/Complainant For Petitioner : M/s.Sukumar B, Advocate.

For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.193/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence under Section 174 Cr.P.C. @ 304 IPC in Crime No.193 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the father of the deceased Ayyanan. On 01.11.2022 at about 06.00 a.m., when the deceased was working in the petitioner's garden, accidently he touched the E.B. wire, due to which, he was attacked by the supply of E.B. wire and as a consequence, he died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the deceased Ayyanan has not worked in the petitioner's garden and he https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20023 of 2022 trespassed into the petitioner's garden and tried to theft the motor wire, due to the electric power supply, he was died. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that when the deceased was working in the petitioner's garden, accidently he touched the E.B. wire, due to which, he was attacked by the supply of E.B. wire and as a consequence, he died. The petitioner is having no previous case. Five witnesses have been examined and the post-mortem report is yet to be received 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 the post-mortem report is yet to be received and the investigation is not yet completed, 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/- 11/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO

1. The Sub Inspector of Police, Gandamanur Vilakku Police Station, Theni District.

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

+1. CC to M/S.SUKUMAR B Advocate SR.No.12879

ORDER

IN CRL OP(MD) No.20023 of 2022 Date :11/11/2022 SS/SSS/SAR III/17.11.2022/ 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2