Muruganantham v. The Inspect Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muruganantham ... Petitioner / Accused No.6 Vs The Inspector of Police, Musiri Police Station, Trichy District.

... Respondent/Complainant For Petitioner :

M/s.Saravanan.M, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.266/2023 on the file of the respondent police ORDER : The Court made the following order :- 1/3

The petitioner/accused who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 342, 324, 302 of I.P.C., in Crime No.266 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive between the defacto complainant's son and the accused persons, on the date of occurrence, the accused persons unlawfully assembled and caught hold the deceased and attacked with knife, thereby he sustained fatal injury. When one Mathiyalagan in that place trying to prevent the same, he also sustained injury. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent person and he was falsely implicated in this case and he never committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor would submit that the earlier applications filed by the petitioner, seeking anticipatory bail, were dismissed by this Court, considering the grievous nature of the offences. 5.It appears that no steps have been taken by the respondent to arrest the petitioner. For what reason no arrest has been made is not explained by the respondent. The only ground is that in the place of occurrence CCTV footage is available. But no steps have been taken to recover the footage. It is completely within the jurisdiction of the Investigating Officer. 2/3

6.Considering the facts and circumstances and also the fact that the earlier bail applications of the petitioner was dismissed, I find no change of circumstances in this case. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Inspector of Police, Musiri Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.22947 of 2023 Date :20/12/2023 ED/ VR /SAR- (02/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3