Madras High CourtCRL OP(MD)/18523/2022dismissed

Mohana v. The Inspector Of Police

2022-10-18Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.18523 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18523 of 2022

1. Mohana

2. Kalyani ... Petitioners/Accused Nos.2 & 3 Vs The State rep.by The Inspector of Police, Nachiarkovil Police Station, Thanjavur District.

(Crime No.286 of 2022). ... Respondent/Complainant For Petitioners : M/s.Sathya Chidambaram S, For Respondent : M.Muthumanikam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.286 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 302 I.P.C, in Crime No.286 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, over which, there was wordy quarrel between the parties, the accused persons assaulted the defacto complainant and her husband. Without responding to the treatment, the defacto complainant's husband died at the hospital. Hence, the complaint.

3. On the side of the petitioners, it is stated that the petitioners are innocent and they had not committed any such offence, as alleged by the prosecution. They are no way connected with the offence. The co-accused/A1, A4 were already released on bail. Hence, prays to release them on anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18523 of 2022

4. On the side of prosecution, it is stated that the accused persons are arrayed as A2, A3. Due to assault of the accused persons, the defacto complainant's husband died. In this case, investigation is not yet completed and hence, strong objection raised to allow this petition.

5.Considering the facts and circumstances of the case, the gravity of the offence and the overt act attributed against the petitioners and also considering the strong objection raised by the prosecution, this Court is not inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 18/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, NACHIARKOVIL POLICE STATION, THANJAVUR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18523 of 2022 Date :18/10/2022 PNM SA/VR/SAR. /27.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2