Mohanavel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN and Crl.M.P(MD) No.11187 of 2023 Mohanavel ... Petitioner/Accused No.1

Vs The State, through The Inspector of Police, Madukkur Police Station, Thanjavur District. (Crime No.150 of 2023). ... Respondent/Complainant For Petitioner : Mr.A.Azhageson,Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

For Intervenor : Mr.V.Sakthi. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P. PRAYER :- For Anticipatory Bail in Crime No.150 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 341, 342, 294(b), 307 and 506(ii) I.P.C, in Crime No.150 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is father-in-law of the petitioner. On 25.06.2023, the petitioner approached the defacto complainant by proposing to marry the another daughter of defacto complainant. When the same was ignored by the defacto complainant, he was attacked by the petitioner. When he escaped and ran away from the occurence place, the petitioner chased the defacto complainant and attacked him with deadly weapon. The defacto complainant was admitted in hospital. Hence, the case.

¶3The learned counsel for the petitioner made a proposal to make compromise in this matter.

¶4But the learned counsel for the defacto complainant would submit that no such compromise is possible in this matter.

¶5The learned counsel for the petitioner repeatedly submitted that the daughter of injured, who is wife of this petitioner is ready to file an affidavit setting out the facts and circumstances of this case, which led to the above said occurrence.

¶6According to the petitioner, only the injured namely defacto complainant in a drunken mood came to the village for picking up quarrel and it is absoultely self sustained injuries, for which, this petitioner cannot be held responsible.

¶7But such sort of contentions cannot be accepted and taken into account by this Court. Perusal of CD file as well as the photographs taken after the occurrence shows that serious nature of injury suffered by the injured and he has not even now recovered fully.

¶8Considering the facts and circumstances of this case and also considering the grevious nature of injury inflicted upon the injured, the discretionary relief cannot be extended to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed. Consequently, connected Miscellaneous Petition is closed.

sd/-

11/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO

¶1The Inspector of Police, Madukkur Police Station, Thanjavur District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.13770 of 2023 Date :11/08/2023 RK/VRS (14/09/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023