← Library
Madras High CourtCRL OP/14722/2022dismissed

S.P.C.Madhan Raj v. State Represented By

2022-06-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14722 of 2022 S.P.C.MADHAN RAJ [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, C-1 SRIPERUMBUDUR POLICE STATION, CRIME NO.361 OF 2022.

KANCHEEPURAM DISTRICT.

For Petitioner : M/S.R.JOHN SATHYAN Advocate For Respondent : MR.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 offence punishable under Sections 120-B, 147, 148 and 307 of IPC in crime No.361 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the victim got married a close relative of the petitioner herein. Thereafter, the injured contested in the town panchayat election. Due to the said motive and also the victim got married a relative of the petitioner, the accused persons attacked the victim with deadly weapons. Therefore, he sustained grievous injuries and he was admitted in the hospital and there are totally 11 accused in this case.

3. The learned counsel for the petitioner would submit that the victim's wife is a daughter of the petitioner's brother. Since the victim had several criminal cases against him and also a history sheeted accused, her love affair was not accepted by the family members, but later it was accepted. He would further submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioner has been elected 'councillor' for three times and he is a practising advocate. However, the false case has been filed against the petitioner. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner along with other accused persons, on the date of occurrence, assaulted the victim with knife brutally, thereby he sustained head injury. He would further submit that there were twelve injuries found on the victim, who went to coma, now taking treatment in the private hospital. He would further submit that the petitioner/A1 also involved in another case of Section 302 of IPC. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that the entire family members of the defacto complainant were against her love affair with the injured and the injured was brutally attacked by the accused persons, thereby he sustained injuries on his head and went to coma. Further, the petitioner has also involved in a case of Section 302 of IPC.

6. Therefore, the custodial interrogation of the petitioner is very much necessary and this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

-sd/- 27/06/2022 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 THE INSPECTOR OF POLICE, C-1 SRIPERUMBUDUR POLICE STATION, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.JOHN SATHYAN Advocate on payment of necessary charges CRL OP.14722/2022 Date :27/06/2022 TA-04/07/2022 https://hcservices.ecourts.gov.in/hcservices/