K.Palani v. The Inspector of Police

CRL OP(MD). No.5021 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.5021 of 2023

¶1K.Palani

¶2K.Ramayee ... Petitioners/Accused No.2&3

Vs The State rep.by, The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District. (Crime No.194/2022). ... Respondent/Complainant For Petitioners : B.Mahendrarajan, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.194/2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who are arrayed as A2 and A3 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 147, 148, 448, 294(b), 324 and 307 IPC r/W Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998, in Crime No.194 of 2022 on the file of the respondent police, seek anticipatory bail. CRL OP(MD). No.5021 of 2023

¶2The case of the prosecution is that due to previous dispute, the accused persons attacked the defacto complainant with deadly weapons and caused injuries to him. Hence, the compliant.

3.Seeking anticipatory bail, these petitioners, who are arrayed as A2 and A3 is before this Court.

4.Heard both sides.

5.The earlier anticipatory bail applications were dismissed by this Court on the ground that there was amputation of the legs, because of injuries inflicted upon the defacto complainant.

¶6The present petition has been filed mainly on the ground that the defacto complainant has not sustained any grievous injuries and no previous is pending against these petitioners.

¶7But however, on the earlier occasion the learned Additional Public Prosecutor has produced the photographs showing the nature of the injuries to the defacto complainant, wherein we find that both legs have been severally assaulted and broken. On that ground, the earlier applications were dismissed by this Court and with a direction to the petitioners to surrender before the respondent and seek regular bail before the concerned Court in the manner known to law. The direction of this Court was not complied with by the petitioners so far.

¶8This Court feels that this is not a fit case to grant anticipatory bail. Accordingly, this Criminal Original Petition is dismissed and the petitioners are directed to surrender before the Court and thereafter seek regular bail before the concerned Court in the manner known to law. sd/- 17/03/2023

/ TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TTA TO

1.THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. CRLeOP(MD).eNo.5021eofe2023 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5021 of 2023 Date :17/03/2023 RK/SSS/SAR-4(28/04/2023) 3P/3C