← Library
Madras High CourtCRL OP(MD)/20134/2023dismissed

Maria John v. The Inspector Of Police

2023-11-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Maria John ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No.416 of 2021).

... Respondent/Complainant For Petitioner :

Mr.M.Ashok Padmaraj, Advocate.

For Respondent :

Mr.RMS.Sethuraman, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.416 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.4, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323, 506 (ii) of I.P.C @ 294(b), 323, 506(ii) and 302 IPC in Crime No.416 of 2021 on the file of the 1/3

respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 27.10.2021, due to some issues regarding non invitation to the deceased to a marriage, one Antony kicked the deceased on his stomach and other parts of his body. After six days (i.e) 02.11.2021, some health complications developed to the deceased. He informed the health issues to the defacto complainant, he was taken to the hospital and later, died.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and Non Bailable Warrant has been issued on 30.03.2023. The case as against the petitioner was split up in P.R.C.No.47 of 2023.

4. Since Non Bailable Warrant has been issued against the petitioner, there is no question of anticipatory bail. The petitioner has to surrender before the committal Court and seek regular bail.

5. With the above said direction, this Criminal Original Petition is dismissed. sd/- 08/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 2/3

TO 1 THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20134 of 2023 Date :08/11/2023 RS/DD/SAR-(20.11.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3