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Madras High CourtCRL OP(MD)/20228/2022dismissed

Muthukaruppan v. The Inspector Of Police

2022-11-15Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20228 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20228 of 2022 Muthukaruppan ... Petitioner/Accused Rank not known Vs The State represented by The Inspector of Police, Sellur Police Station, Sellur, Madurai City, Madurai.

(In Crime No.1094 of 2022) ... Respondent/Complainant For Petitioner : Mr.Niranjan S.Kumar for Mr.S.Murugaganesan 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.1094 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 341, 294(b), 308 and 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.1094 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 02.11.2022, the defacto complainant was waiting in front of Shri Meenakshi College, Madurai., at that time there was funeral procession way to Thathaneri graveyard and that few people in drunken mode had created a ruckus and the same was questioned by the defacto complainant. Thereby, the accused had assaulted the defacto complainant with helmet and abused her in filthy language. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20228 of 2022 3.The learned counsel for the petitioner would submit that in order to bring the situation normal, the petitioner protected the defacto complainant by stopping them and other than protecting the defacto complainant from them, he did not indulged in any other activities. He would further submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he may be granted anticipatory bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that totally eight accused involved in this case. The accused 3 to 8 were arrested and they are still in judicial custody. He would further submit that investigation is at preliminary stage and the custodial interrogation of the petitioner is very much necessary. Hence, he strongly opposed for grant of anticipatory bail to the petitioner. 5.Considering the seriousness and gravity of the offence committed by the petitioner, the objection raised by the Prosecution and also the facts that the investigation is at the initial stage and custodial interrogation of the petitioner is very much necessary in this case, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 15/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SELLUR POLICE STATION, SELLUR, MADURAI CITY, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.MURUGAGANESAN S Advocate SR.No.13118

ORDER

IN CRL OP(MD) No.20228 of 2022 Date :15/11/2022 CP USK/SSS/SAR-III/01.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2