M.Shajahan v. The Inspector Of Police

CRL OP(MD). No.1507 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1507 of 2023 M.Shajahan ... Petitioner / Sole Accused Vs The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

(Crime No.735/2022) ... Respondent / Complainant For Petitioner : M/s.T.Thirumurugan Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.735 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 307 of I.P.C., in Crime No.735 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to enmity, the petitioner had abused and attacked the de-facto complainant's husband with sickle, resulting in him, sustaining injuries. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that this is the second application for anticipatory bail and the earlier application for anticipatory bail was dismissed as withdrawn by this Court in Crl.O.P.(MD)No.577 of 2023, dated 10.01.2023. He would further submit that now the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1507 of 2023 injured has been discharged from the hospital and thereby, he would seek for anticipatory bail.

4.The learned Government Advocate (Crl. side) would submit that it is a case of heinous nature, the petitioner has attacked the defacto complainant's husband with an aruval in the centre head, shoulder and leg, the victim has sustained grievous injury and 25 stitches have been put on his head. He would further submit that apart from this case, the petitioner has got three previous cases of similar nature and hence, he would oppose for grant of anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that the allegation against the petitioner is very serious in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 27/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.THIRUMURUGAN T Advocate SR.No.1471

ORDER

IN CRL OP(MD) No.1507 of 2023 Date :27/01/2023 ED(06.02.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2