Krishnamoorthy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Krishnamoorthy

2.Ayyappa Samy @ Ayyappan

3.Lakshmanan

4.Guruvaraj @ Guruviraj

5.Pothum Ponnu

¶6Vekatesh

¶7Thangapandi

¶8Vishnu

9.Krishnakumar

10.Balamurugan ... Petitioners/Accused Nos.1 to 10

Vs The State, through The Inspector of Police, Irukkankudi Police Station, Sattur Taluk, Virudhunagar District. (Crime No.92 of 2023). ... Respondent/Complainant

For Petitioner : Mr.C.Mariappan,

Advocate. For Respondent : Mr.R.Suresh Kumar,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.92 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused Nos.1 to 10, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 148, 427, 448, 294(b), 307 I.P.C and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.92 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 31.08.2023 at about 19.30 hours, all the accused said to have attacked the defacto complainant, caused damage to the tiles, pipes of the house, caused injuries on the head of the defacto complainant with iron rod and intimidated the defacto complainant. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the complainant party had attacked one Satheeshkumar with knife, the same was registered in Crime No.91 of 2023 under Sections 147, 341, 294(b), 307 r/w. 109 IPC against eight persons. The petitioners had not committed any such offences as alleged by the prosecution.

¶4The learned Government Advocate (Crl.Side) would submit that the injured is still in hospital and it is the case and counter case. The counter case has been registered in crime No.91 of 2023. The injured in both the cases are still in hospital.

¶5Considering the fact that the injured in both the cases are still in hospital, this Court is not inclined to grant anticipatory bail to the petitioner. The petitioners can revive the application after some time. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/-

07/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO

¶1The Inspector of Police, Irukkankudi Police Station, Sattur Taluk, Virudhunagar District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.G.MARIAPPAN, Advocate ( SR-13323[I] dated 07/09/2023 ) ORDER IN CRL OP(MD) No.16208 of 2023 Date :07/09/2023

RK/DD (11/09/2023) 4P /4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023