V.Mahendran v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A), 323 and 506(1) of IPC, in Crime No.8 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner is the husband of the defacto complainant. The marriage between the petitioner and the defacto complainant took place on 05.03.2012. After all these years and after having 4 children, the defacto complainant gave a false complaint against the petitioner. He further submitted that the defacto complainant eloped with some other person and in this regard, the petitioner gave a complaint and enquiry in C.S.R.No.415 of 2023 is pending.

3. In response, the learned Government Advocate (Crl. Side) submitted that the petitioner, harassed the defacto complainant under the influence of alcohol. On 26.05.2023, at about 2.00 p.m., the petitioner visited the defacto complainant's mother's house where the defacto complainant was staying and poured petrol on her and set fire on her. As a result, she suffered grievous injuries.

4. In reply, the learned counsel for the petitioner submitted that even as per the FIR, the defacto complainant suffered only small injuries. Therefore, the contention of the prosecution that the defacto complainant suffered grievous injuries, is not agreeable.

5. Considered the rival submission and perused the records.

6. It is seen from the FIR that, the marriage between the defacto complainant and the petitioner took place on 05.03.2012 and thereafter, they got 4 children. It is alleged that, petitioner used to harass the defacto complainant under the influence of alcohol and sent her to her mother's

home demanding dowry. It is further alleged that, on 26.05.2023, at about 2.00 p.m., when the defacto complainant was in her mother's house, petitioner went there and poured petrol over the defacto complainant and set fire on her. The wound certificate given to the defacto complainant shows that she suffered the following injuries; "Conscious oriented Afebrile, CVS-S1 S2, Rs-Nxxxx Bp-110/80, PR-80, L/E:Epidermal- Dermoepidermal burns with blister formation over back side of left Chest."

7. It appears that the above said injuries are grievous injuries. Considering the nature and facts of the case and the fact that the injuries suffered by the defacto complainant are grievous injuries, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition is Dismissed. 10.07.2023 ksa-2

G.CHANDRA SEKHARAN, J.

ksa-2 10.07.2023