R.Mohan v. The Inspector Of Police

CRL OP(MD). No.11810 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.11810 of 2019 R.Mohan ... Petitioner/Accused No.1 Vs The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District, Cr No. 108/2019.

... Respondent/Complainant For Petitioner : M/s. R. Sundar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PRAYER :- For Anticipatory bail in Crime No. 108 /2019 on the file of the respondent police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148 and 302 of IPC, in Crime No.108 of 2019, seeks anticipatory bail.

2.Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has been falsely implicated in this case. He further submitted that the deceased is a notorious rowdy and he is having more than 20 cases in different Districts. He further submitted that F.I.R has been registered based on the complaint given by the deceased's mother/Tamilselvi. He further submitted that in the complaint, she has stated that the accused persons have attacked the deceased and only thereafter, she came to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11810 of 2019 know about the occurrence and therefore, she cannot be an eyewitness for the said occurrence. He further submitted that already A2, A3 and A4 were arrested and remanded to judicial custody on 03.06.2019 and subsequently, this Court has granted bail to them by the order dated 05.08.2019 in Crl.O.P.(MD)No.10991 of 2019. He further submitted that the petitioner has not committed any offence and hence, he prayed to grant anticipatory bail to the petitioner. 4.Per contra, the Additional Public Prosecutor has submitted that in the F.I.R. the overt act of the petitioner has been clearly narrated. He further submitted that the petitioner herein has attacked the deceased with stone repeatedly and caused death.

He further submitted that for investigation purpose the custodial interrogation of the petitioner is absolutely necessary and therefore, he strongly opposed this petition. 5.Taking into consideration of the fact that as per the F.I.R the petitioner has attacked the deceased with stone repeatedly on his head and caused death, and also the submission made by the learned Additional Public Prosecutor that the custodial interrogation of the petitioner is absolutely necessary, this Court is not inclined to grant anticipatory bail to the petitioner. Therefore, this Criminal Original Petition is dismissed. sd/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. R. Sakthivel Advocate SR.No.14118

ORDER

IN CRL OP(MD) No.11810 of 2019 Date :26/08/2019 AM/PN/SAR-2/30.08.2019/3P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2