Madras High CourtCRL OP/12859/2022dismissed

R.Sathishwari v. State Rep By

2022-06-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12859 of 2022 R.SATHISHWARI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, LATHERI POLICE STATION, VELLORE (CRIME NO.128/2022) For Petitioner : M/S P.PUGALENTHI Advocate For Respondent : M/S. A.DAMODARAN, 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 294(b), 323, 324, 506(2), IPC and 4 of WH Act @ 294(b), 323, 324, 506(ii), 302 of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Harassment Act, in Crime No.128 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioner' husband are relatives. On the date of occurrence, the defacto complainant's son informed that the petitioner's daughter was speaking with her boy friend to the defacto complainant. After hearing this, the petitioner along with her family came to the defacto complainant's house, due to which, wordy quarrel arose between them and in that, the defacto complainant's mother and her son both were injured and they were taken to the hospital and later defacto complainant's son died. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He further submitted that the deceased had already an injured person due to the accident in the year 2020 and the defacto complainant lodged a false complainant against the https://hcservices.ecourts.gov.in/hcservices/

petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that there are totally 3 accused and the petitioner herein is A2. The petitioner has specific overtact, since he only assaulted the deceased and as such the deceased sustained grievous injury and died. It is a case of 302. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the custodial interrogation of the petitioner is very much necessary in this case. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/06/2022 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 INSPECTOR OF POLICE, LATHERI POLICE STATION, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.PUGALENTHI Advocate on payment of necessary charges CRL OP.12859/2022 Date :13/06/2022 RVR 22/06/2022 https://hcservices.ecourts.gov.in/hcservices/