Madras High CourtCRL OP(MD)/21179/2022dismissed

Ganesan v. The Inspector Of Police

2022-11-30Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.21179 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.21179 of 2022

1. Ganesan

2. Perumal

3. Santhanakumar @ Perumal ... Petitioners/A1 to A3 Vs The State Rep.by The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

Crime No.154 of 2022..

... Respondent/Complainant For Petitioners : M/s.Senthil Kumaraiah J, 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 Crime No.154 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C, in Crime No.154 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to land dispute, on 21.11.2022, the petitioners abused the defacto complainant in filthy language, assaulted him and also threatened him with dire consequences. Hence, the complaint.

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

CRL OP(MD). No.21179 of 2022 3.The learned counsel for the petitioners would submit that due to previous enmity, the present complaint has been lodged against the petitioners. The petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners shall abide any condition imposed by this Court. Hence, they may be granted anticipatory bail. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit the investigation is at the initial stage and the injured still in hospital. Hence, he strongly opposed for grant of anticipatory bail.

5.Considering the nature of the offence and also considering the stage of investigation and the injured is still taking treatment in hospital, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 30/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp TO 1.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.21179 of 2022 Date :30/11/2022 RD/BUC/SAR-II(08/12/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2