Mangaiyarkkarasi v. State Rep By.

and Crl.M.P.No.17099 of 2023 C.V.KARTHIKEYAN , J.

The petitioner herein seeks anticipatory bail in Crime No.435 of 2023 registered by the respondent Police for the offences under Sections 147, 148, 341, 294(b), 324 and 307 IPC r/w 25(1B)(a), 27(1) of Arms Act & 3(1) of PPD Act with respect to an occurrence which had took place on 08.09.2023. 2.The learned counsel for the petitioner stated that, she has been falsely implicated as an accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner.

3.Even before proceeding further, it must be stated that the learned counsel for the petitioner had made an request to withdraw this petition and the learned counsel for the intervenor also stated that he has no objection.

4.The case of the prosecution is that the petitioner herein is the mother of A2 and A7. She had contested the local body election against the defacto complainant. She lost the election. There were disputes between the petitioner's family and the defacto complainant and it is stated that a gun was procured and with the help of the gun, A1 shot the defacto complainant who suffered injuries in the hip, but however, he managed to escape.

5.This Court had examined the bail petition of two of the accused who had assisted in procuring the gun and dismissed the bail petition. Detention Order under Act 14 of 1984 has also been passed against some of the accused. When these are the facts, it is very surprising that learned counsel for the defacto complainant had stated no objection for withdrawal of this petition. It is clear that either the petitioner herein had purchased the defacto complainant or the defacto complainant is a person is prepared to be sold.

6.Taking into consideration the seriousness of the offence where a gun is used to shoot a person, though the defacto complainant managed to escape, since the petitioner is said to be instrumental in the entire operation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

09.11.2023 gd

C.V.KARTHIKEYAN , J.

gd 09.11.2023