Maharajan v. The Inspector Of Police
CRL OP(MD). No.21121 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21121 of 2021
1. Maharajan
2. Kumar @ Kokkikumar
3. Suresh ... Petitioners/Accused No.2, 3 & 5 Vs State Rep by, The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
(Crime No.309/2021).
... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajeshkumar, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.309/2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.2, 3 & 5, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506 (ii) of IPC in Crime No.309 of 2021, seek anticipatory bail. 2.The case of the prosecution is that on 14.06.2021, the victim namely Sundaraj and another went to the hotel at Vellanguli Village. At that time, a quarrel arose between the victim and the accused persons. Therefore, the defacto complainant and his relative went to the accused house for questioning the same. During that time, the accused and others abused the victim with filthy language and attacked him with deadly weapon. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.21121 of 2021 3.The learned counsel for the petitioners submitted that already a civil dispute is pending between the first accused and the defacto complainant, due to which, a false case has been foisted against them. He further submitted that this is the second anticipatory bail application and the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioners already got anticipatory bail before the learned District and Session Judge, Tirunelveli in Crl.M.P.No.3764 of 2021, dated 16.12.2021. However, the petitioners have not complied with the condition. Hence,the anticipatory bail was cancelled. He would further submit that the first petitioner is having 25 previous case, the second petitioner is having seven previous case and the third petitioner is having six previous case.
5.Considering the nature of the offence and also considering the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CP Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21121 of 2021 Date :29/12/2021 MK/JM/SAR-1/03.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2