Madras High CourtCRL OP/423/2022dismissed

G.Sundaramoorthy v. State Rep By

2022-01-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.423 of 2022 G.SUNDARAMOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, AVALURPETTAI POLICE STATION, MELMALAYANUR TALUK, VILLUPURAM DISTRICT 604 201 (CRIME NO.484 OF 2021) For Petitioner : M/S.G.BALAMANIKADAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 09.11.2021 for the offences under Section 306 of IPC, in Crime No.484 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused following a quarrel in drawing water from the Mini Tank on the street, dragged the defacto complainant's daughter on the ground by pulling her hair, abused her and also assaulted her and unable to bear the insult, the defacto complainant's daughter committed suicide by consuming poison. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 40 days from 26.07.2021 and hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner's two earlier bail petitions was dismissed by this Court vide orders dated 13.12.2021 and 22.12.2021 in Crl.OP.Nos.24214 and 25242 of 2021 respectively. He further submits that if the petitioner released on bail, he shall tamper with evidence or witness during trial.

5.Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUB INSPECTOR OF POLICE, AVALURPETTAI POLICE STATION, MELMALAYANUR TALUK, VILLUPURAM DISTRICT 604201 2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.BALAMANIKADAN Advocate on payment of necessary charges SR.NO.486 CRL OP.423/2022 Date :10/01/2022 JPA 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/