High CourtsSingle Bench(2023) 07 MAD CK 0169

Manikandan vs State

Madras High Court · Decided on 6 July 2023

HON’BLE JUDGES
G.Ilangovan, J
RESULT
Dismissed
CASE NUMBER
Criminal Original Petition No. 12040 Of 2023

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Judgment

7 paragraphs · 272 words

G.Ilangovan, J

1.

The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427 & 506(ii) of IPC, in Crime No.1113 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 19.06.2023 at about 6.30 p.m. in the evening on the eve of some death, they were attending the cremation. At that time trouble arose between the parties, over a petty issue of flowering the corpse. Because of the above said enemity, at about 9.30 p.m. on the same day, all the accused persons trespassed into the house with deadly weapons and caused assault and also caused damages worth about Rs.2,000/-. Based on the above said occurrence,. case has been registered.

3.Now seeking anticipatory bail, this petition has been filed on the ground that only on petty issue between the defacto complainant and the petitioners over flowering of corpse at the time of cremation, the above said occurrence happened place.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a history sheeted person, having 9 previous cases. Among which murder case is also involved.

5.Even though it has been submitted by the petitioner in all those cases either bail or anticipatory bail was granted, the antecedents of the petitioner is the deciding factor here. Considering the bad antecedents of the petitioner, this Court is of the view that the petitioner is not entitled for any discretionary relief from this Court.

6.Accordingly, this criminal original petition stands dismissed.