V. Anbu Ganesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH and CRL MP(MD). No.12293 of 2024 V. Anbu Ganesh ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Aruppukottaitown Police Station, Aruppukottai, Virudhunagar District.

Crime No. 232 of 2024.

... Respondent/Complainant For Petitioner : M/s. Babu Jaganath. R, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor : Mr.A.V.Arun PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 232 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 109, 309(4), 351(3) and 49 BNS (hereinafter referred to as new penal code) in Crime No.232 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a practicing Advocate at Aruppukottai. There was some previous enmity and on 21.08.2024 at about 10.00 pm, the defacto complainant and his relatives were travelling in a car. This car was intercepted by a two wheeler and the accused persons indiscriminately attacked the defacto complainant and stabbed him on the right eye, stomach and on the back. There are totally five accused persons in this case and the petitioner has been arrayed as A2.

3.Heard the learned Counsel appearing on either side. 4.The learned Counsel appearing for the petitioner submitted that already A4 and A5 were arrested and remanded to judicial custody and they have been granted bail by this Court. The learned Counsel further submitted that a false case has been foisted against the petitioner.

5.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the Advocate has been attacked indiscriminately in this case 2/4

and till today, he is taking treatment and he is yet to completely recover. He further submitted that there are seven previous cases pending against the petitioner. 6.The learned Counsel appearing for the intervenor vehemently opposed the grant of anticipatory bail to the petitioner. The learned Counsel submitted that the Advocate, who was attacked is yet to recover and even today, he is taking treatment for the grievous injuries sustained by him.

7.Taking into consideration the facts and circumstances of the case and also considering the previous antecedents of the petitioner and the manner, in which, this incident had taken place, this Court is not inclined to entertain this petition. 8.Accordingly, this criminal original petition stands dismissed. Consequently, the connected miscellaneous petition is closed. sd/- 15/11/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Inspector of Police, Aruppukottaitown Police Station, Aruppukottai, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.19768 of 2024 Date : 15/11/2024 SL(25.11.2024)/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4