Mohanavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2024 PRESENT THE HON'BLE MR. JUSTICE G.ILANGOVAN Mohanavel ... Petitioner/Accused No.1 Vs The State through, The Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.150 of 2023).

... Respondent/Complainant For Petitioner : Mr.R.Venkateshwar Advocate.

For Respondent : Mr.K.Sanjai Gandhi Government Advocate(Criminal side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.150 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 341, 342, 294(b), 307 and 506(ii) I.P.C, in Crime No.150 of 2023 on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant is father-in-law of the petitioner. On 25.06.2023, the petitioner approached the defacto complainant by proposing to marry the another daughter of defacto complainant. When the same was ignored by the defacto complainant, he was attacked by the petitioner. When he escaped and ran away from the occurrence place, the petitioner chased the defacto complainant and attacked him with deadly weapon. The defacto complainant was admitted in hospital. Hence, the case.

3. The learned counsel for the petitioner repeatedly submitted that the daughter of the injured, who is wife of this petitioner is ready to file an affidavit setting out the facts and circumstances of this case, which led to the above said occurrence.

4. According to the petitioner, only the injured namely defacto complainant in a drunken mood came to the village for picking up quarrel and it is absolutely self sustained injuries, for which, this petitioner cannot be held responsible. 2/4

5. But such sort of contentions cannot be accepted and taken into account by this Court. Perusal of CD file as well as the photographs taken after the occurrence shows that serious nature of injury suffered by the injured and he has not even now recovered fully.

6. The earlier anticipatory bail petitions filed by the petitioner were dismissed by this Court considering the grievous nature of injury inflicted upon the injured/defacto complainant. This is the third anticipatory bail petition filed by this petitioner.

7. When the matter was taken up for hearing on 18.12.2023, the learned counsel for the petitioner made a proposal to refer this matter to Mediation Centre for settlement between the parties.

8. This Court dismissed the said petition on the ground that this case is filed for the offence committed by the petitioner under Section 307 IPC, hence, it cannot be referred to Mediation. This Court also gave liberty to the parties to settle their issue outside the Court and adjourned the matter today for informing the development.

9. Today it is represented that there is no further development. Hence, this petition has been filed with no change in circumstances. Therefore, the petitioner is not entitled for any relief.

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10. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL TO 1 THE INSPECTOR OF POLICE MADHUKUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.20254 of 2023 Date :08/01/2024 SS/DD/SAR- /10/01/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4