Selvaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 16176 of 2020 Selvaraj ... Petitioner/Accused Vs.

The State represented by, The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

Crime No.1889/2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 1889 of 2020, on the file of the respondent police.

For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No. 1889 of 2020, on the file of the respondent, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Malarkodi is that the accused/petitioner herein is her husband, who had suspected her fidelity. Further, on 31.08.2020, the accused had come to home in an inebriated condition, abused the defacto complainant in filthy language and also assaulted her with Aruval, due to which, her left thumb got injured and it was amputated. Hence, the complaint.

The 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 that the matrimonial dispute has been exaggerated and projected as crime. He would submit that the injured has been discharged from the hospital. Hence, he prays to grant anticipatory bail to the petitioner. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner, who is the husband of the defacto complainant, had assaulted the defacto complainant with machete and thereby her left thumb got amputated. He would submit that though the injured has been discharged from the hospital, she is https://hcservices.ecourts.gov.in/hcservices/

taking treatment as out patient at Tanjore Medical College Hospital and that there is no previous case pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

Taking into consideration of the facts and submissions made by the learned counsels and considering the fact that her thumb had been amputated and the injured has been taking treatment, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed. -sd/- 12/10/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VALANGAIMAN TIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VALANGAIMAN POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.R.THAMARAI SELVAN Advocate on payment of necessary charges CRL OP.16176/2020 Date :12/10/2020 RVR 22/10/2020 https://hcservices.ecourts.gov.in/hcservices/