Madras High CourtCRL OP(MD)/20032/2022dismissed

Muniyandi Samy v. The Inspector Of Police

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

CRL OP(MD). No.20032 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.20032 of 2022 Muniyandi Samy ... Petitioner/Accused Rank Not Known Vs The State Rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Crime No.279 of 2022.

... Respondent/Complainant For Petitioner : M/s.Haroon Rasheed D.S., Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.279 of 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 147, 148, 294(b), 342, 307, 302 and 506(ii) IPC in Crime No.279 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner and other accused persons unlawfully assembled with deadly weapon and abused the defacto complainant and his brother and assaulted them with sword with an intention to murder, in which the defacto complainant was sustained grevious injury and his brother was died. 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 implicated in this case.

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CRL OP(MD). No.20032 of 2022

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that totally 11 accused involved is this case and it is a case of murder. He would further submit that this accused person repeatedly cut the deceased by using sword and the another accused attacked one Murugan. He would further submit that the investigation was completed and the charge sheet has been filed and the same was taken on file as PRC.No.35 of 2021 on the file of the learned Judicial Magistrate, Sivagangai. However, considering the gravity of offence, 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 and also considering the specific overt act attributed against the the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

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.

TRP TO

1. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.20032 of 2022 Date :11/11/2022 RD/SSS/SAR-II(23/11/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2