Single judge dismissed a petition for anticipatory bail under Section 438 Cr.P.C. seeking protection against arrest in an alleged murder case involving sections 302 and 147 IPC, denying the claim due to the nature of the offences and pending investigation.
Petition for anticipatory bail dismissed; petitioner not entitled to bail.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Tenth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI
CRIMINAL ORIGINAL PETITION No.21120 of 2021
T.DINESH [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT CRIME NO.1822 OF 2021
For Petitioner : M/S M.EZHILARASAN Advocate
For Respondent : MR.A.GOKULAKRISHNAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest for the alleged offence under sections 147, 148, 342, 324 and 302 IPC, in Crime No.1822 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners are the friends and relatives of A1. It is alleged that the petitioner along with other accused murdered the deceased. Thereby the deceased lost his life. Hence the defacto complainant, who is the brother of the deceased lodged a complaint before the Law Enforcing Agency.
3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
-sd/-
10/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S M.EZHILARASAN Advocate on payment of necessary charges
CRL OP.21120/2021
Date :10/11/2021 JPA 19/11/2021
2 issues framed by the court
Whether anticipatory bail is to be granted to the petitioner under section 438 Cr.P.C.
Whether the investigation being at the initial stage warrants a grant of anticipatory bail.
2 provisions across 2 enactments
T.DINESH
STATE REP BY THE INSPECTOR OF POLICE, MAYILADUTHURAI
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
