Renuka v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.910 of 2022 1 RENUKA [ PETITIONERS / ACCUSED ] 2 RAVI 3 KANNAN 4 MUTHURAJA 5 MANONMANI Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, TIRUTHURAIPOONDI POLICE STATION, TIRUVARUR DISTRICT.

CR.NO. 1497 OF 2021.

For Petitioner : M/S. SWAMISUBRAMANIAN 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 case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 02.11.2021 for the offences under Sections 147, 148, 341, 294(b), 506(ii), 342, 307 and 302 of I.P.C., in Crime No.1497 of 2021, on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to previous enmity regarding the land owned by the de facto complainant's family was cultivated by the petitioners family for the past 40 years and they had not chosen to return the same. Hence, the de facto complainant fenced their land and sapled crops in their land without the knowledge of the petitioners. Hence, on 29.10.2021 at about 06.30 p.

m, while the de facto complainant and his mother/deceased were proceeding towards their residence through their land, the petitioners waylaid them and questioned about the fencing and also abused them with filthy language and when the relatives of the de facto complainant tried to pacify the dispute, the petitioners stabbed the deceased on her neck and hands to finish off her life due https://hcservices.ecourts.gov.

to which, the deceased sustained injuries and taken to the hospital and later died. Hence the complaint.

3.The learned counsel for the petitioners would submit that this is the second bail application and the earlier bail was dismissed by this Court on 17.12.2021. He would further submit that the petitioners have been suffering incarceration for more than 72 days from 02.11.2021 and hence, the learned counsel prayed for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would raise objection stating that due to land dispute there was a wordy quarrel between the parties during which, the petitioners stabbed the mother of the defacto complainant with knife and attacked her with motive due to which, the mother of the defacto complainant succumbed to injuries and that the investigation has not been completed. 5.On seeing the grave nature of allegation levelled against the petitioners and that the investigation has not been completed, this court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original petition is dismissed. -sd/- 12/01/2022 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 OFFICER INCHARGE, SUB JAIL FOR WOMEN, THIRUVARUR 2 THE OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM 3 INSPECTOR OF POLICE, TIRUTHURAIPOONDI POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. CC to M/S. SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.910/2022 Date :12/01/2022 RVR 31/01/2022 https://hcservices.ecourts.gov.in/hcservices/