Madras High CourtCRL OP/6562/2020dismissed

S.Selva Ganesh v. The State Rep By

2020-03-20Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twentieth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6562 of 2020 S.SELVA GANESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SATHUVACHARI POLICE STATION, VELLORE DISTRICT.

CRIME NO.132 OF 2020.

For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR 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 the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 506(i) & 302 IPC in Crime No.132 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner is alleged to have assaulted the brother of the defacto complainant, who is the wife of petitioner herein. As between defacto complainant and petitioner, there was a matrimonial dispute. Mediation was arranged between the parties. While so, it is alleged that the petitioner along with other accused assaulted the brother of the defacto complainant, due to which, her brother fell down unconscious and he was taken to hospital, where he was declared as dead. Hence the complaint.

3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit he is not having any intention to murder the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Learned Additional Public Prosecutor submitted that the petitioner is A1 in this case and the petitioner along with other accused assaulted the defacto complainant's brother on his chest, due to which, he fainted and later died in hospital. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5.Taking note of the facts and circumstances and the gravity of the offence alleged against the petitioner, who is arrayed as A1, this Court is not inclined to grant anticipatory bail to the petitioner. Hence this petition is dismissed. -sd/- 20/03/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, SATHUVACHARI POLICE STATION, VELLORE DISTRICT.

+1CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges SR NO.5554 CRL OP.6562/2020 Date :20/03/2020 MK:01/07/2020 https://hcservices.ecourts.gov.in/hcservices/