CRL OP(MD)/18056/2017 of EDWIN @ AROCKIA EDWIN Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18056 of 2017

EDWIN @ AROCKIA EDWIN

... PETITIONER / ACCUSED NO.1

Vs

STATE REP.BYTHE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO.222/2017... RESPONDENT / COMPLAINANT

For Petitioner : M/S.R.MANIMARAN Advocate For Respondent : M/S.K.ANBARASAN, Government 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 at the hands of therespondent police for the alleged offence punishable under Sections294(b), 323, 332, 307 & 506(ii) of IPC in Crime No.222 of 2017 onthe file of the respondent police, seeks anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the de facto complainantis the Conductor of a mini bus. On 23.12.2017 when the accusedparked his Jeep, which caused hindrance to drive mini bus, a disputearose. Hence, the accused persons threatened him with direconsequences and also abused one Ramesh, who is a Sub Inspector ofPolice in filthy language.

4.It is submitted by the learned counsel for the petitionerthat the petitioner is an innocent person and he has not committedany offence and prays for anticipatory bail in favour of thepetitioner. He also submitted that the petitioner did not aware ofthe fact as the said Sub Inspector of Police did not wear policeuniform.

5.The learned Government Advocate (Crl.side) submitted that thepetitioner is having 3 previous cases and on the date of occurrence,https://hcservices.ecourts.gov.in/hcservices/the petitioner attacked the Sub Inspector of Police. He furthersubmitted that investigation is still pending.

6.It is an unfortunate case as the petitioner has attacked theSub Inspector of Police in a public place when the said Policeofficer was discharging his official duty. Further, the act of thepetitioner cannot be countenanced by this Court.

7.Considering the facts and circumstances of the case and alsotaking note of the fact that the conduct of the petitioner inattacking the police officer in public place, I am not inclined togrant anticipatory bail to the petitioner at this stage.Accordingly, this Criminal Original petition is dismissed.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE,

ASARIPALLAM POLICE STATION,

KANYAKUMARI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI.