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Madras High CourtCRL OP(MD)/20308/2022dismissed

Mathiyazhagan v. The Inspector Of Police

2022-11-22Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20308 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20308 of 2022

1. Mathiyazhagan

2. Priya ... Petitioners/Accused Nos.3 and 4 Vs The State rep.by The Inspector of Police, Siruganur Police Station, Trichy District.

Crime No.271/2022.

... Respondent/Complainant For Petitioner : M/s.Vishnu.J, 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.271/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(2) and 307 of IPC, in Crime No.271 of 2022, seek anticipatory bail.

2.The case of the prosecution is that on 08.11.2022, due to previous enmity, the petitioners and other accused trespassed into the house of the defacto complainant's mother-in-law, abused the defacto complainant in filthy languages, assaulted him and also threatened him with dire consequence. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners did not commit any offence as alleged by the prosecution. However, the petitioners shall abide any conditions imposed by this Court and they may be granted anticipatory bail.

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

CRL OP(MD). No.20308 of 2022 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the injured is still in hospital and investigation is at the preliminary stage. Hence, he strongly opposed for grant of anticipatory bail.

5.Considering the nature of the offence and also considering the facts that the injured is still taking treatment in hospital and investigation is at the preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 22/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.20308 of 2022 Date :22/11/2022 CP SA/SSS/SAR.3/05.12.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2