N.Sundar v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10073 of 2020 N. Sundar, 31 years, S/o.Nehru, No.27, Gandhi Road, 2nd lane, Krishnapuram, Ambur, Vellore District ... Petitioner /vs/ The Inspector of Police, Ambur Taluk Police Station, Vellore District.

(Crime No.935 of 2020) ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 935 of 2020 on the file of the respondent police. For Petitioner : Mr. V. Ramachandran @ Iniyavan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor 1/5

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324 and 307 of IPC, in Crime No.935 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's relative fell in love with one Dharani (A3), who belongs to the village of Melkalani and got married. In this regard, there was a dispute between both the families and the said Dharani, brought the other accused, including the petitioner and attacked the defacto complainant and thereby, he sustained grievous injuries and admitted in hospital.

3. The learned counsel for the petitiner would submit that there was a wordy quarrel in respect of the love marriage between the third accused and the defacto complainant's relative . In which, the defacto complainant sustained simple injury and now he has been discharged from the hospital. Hence, he seeks anticipatory bail to the petitioner. 2/5

4. The learned Additional Public Prosecutor would submit that due to the love marriage between the third accused and the defacto complainant's relative, there was enmity between both the families. Therefore, the third accused, who married the relative of the defacto complainant, engaged the other accused persons, including the petitioner, as hooligans and attacked the defacto complainant with deadly weapons and the defacto complainant sustained grievous injuries. He would further submit that already the anticipatory bail petition filed by the co-accused in Crl.O.P.No.9769 of 2020 has been dismissed by this Court on 30.06.2020 and he strongly opposed to grant anticipatory bail to the petitioner.

5. It is seen that there are totally ten accused. In respect of the dispute with regard to the love marriage between the third accused and the defacto complainant's releative, there is enmity between both the families. The third accused engaged the other accused, including this accused, as hooligans and attacked the defacto complainant and the defacto complainant sustained grievous injury and was admitted in the hospital. Though the injured has been discharged from the hospital, considering the serious nature of the offence and 3/5

also considering the fact that anticipatory bail petition filed by the co-accused had been dismissed, this Court is not incliend to grant anticipatory bail to the petitioner and hence, the petition stands dismissed. 03.07.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mrp To

1. The Inspector of Police, Ambur Taluk Police Station, Vellore District.

2. The Public Prosecutor, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN, J mrp Crl.O.P.No. 10073 of 2020 03.07.2020 5/5