Ani @ Anish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. Ani @ Anish

2. Rajesh

3. Ramu @ Ramkumar @ Ramraj ... Petitioners/Accused 1 to 3 Vs The State rep.by, The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(In Crime No.229/2023).

... Respondent/Complainant For Petitioner : M/s.Selvakrishnan.S, Advocate.

For Respondent : Mr.R.Sureshkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/4

PRAYER :- For Anticipatory Bail in Crime No.229/2023 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 294(b), 323, 506(i) and 379 IPC in Crime No.229 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 07.10.2023 at 10.00pm whent eh defacto complainant was nearing puliirangi in his motor cycle, the petitioners who were standing near auto rickshaw bearing No.TN75-AQ-1830 prevented the defacto complainant and intercepted him by using filthy language and assaulted him with hands and caused injuries and also taken away the defacto complainant's mobile phone. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the defacto complainant is a practicing Advocate and as such no members of the bar are coming forward to give any legal assistance for the petitioners. He would further submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case and seeks anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that due to previous enmity, the petitioners herein have attacked the defacto complainant who is practising as Advocate and Ward Member of Kulasekaram Town Panchyat and caused injuries and also they have taken away the mobile phone of the defacto complainant worth about Rs.25,000/-. He would further submit the petitioners herein were liquidated in the public place and attacked the defacto complainant and the investigation of the case is pending.

5. Considering the serious nature of allegations made against the petitioners and that the injury caused is very serious in nature and also the investigation of the case is pending, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

+1 CC to M/s.S.SELVAKRISHNAN, Advocate ( SR-15459[I] dated 19/10/2023 ) ORDER IN CRL OP(MD) No.18531 of 2023 Date :19/10/2023 RK/VR (06/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4