Dharani v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2711 of 2022 DHARANI [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, C-1, FLOWER BAZAAR POLICE STATION, CHENNAI.

(CRIME NO.704 OF 2021) For Petitioner : M/S A.SETHURAMAN Advocate For Respondent : Ms.G.V.KASTHURI Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 24.12.2021 for the offence under Sections 307 and 506(ii) of IPC, in Crime No.704 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 assaulted the defacto complainant with knife and caused injuries to him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent lady and her name is not found in the FIR copy. He would further submit that the petitioner is taking treatment for baby and due to previous enmity, she has been falsely implicated in this case and that she is in judicial custody from 24.12.2021 onwards. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor would raise strong objections stating that the petitioner only arranged the Cooli padai and committed this offence and she is having two previous cases including for the offence under Section 302 IPC. Therefore, if she is released on bail, she would try to tamper the evidence.

5. The submissions made by the learned Counsel on either side are considered.

6. Though the averments found in the FIR does not reflect the name of the petitioner, for the reason that the petitioner is having 2 previous cases including for the offence under Section 302 IPC, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/02/2022 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 INSPECTOR OF POLICE, C-1, FLOWER BAZAAR POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON WOMEN, PUZHAL, CHENNAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S A.SETHURAMAN Advocate on payment of necessary charges SR.No.2134 CRL OP.2711/2022 Date :07/02/2022 CSK 10/02/2022 https://hcservices.ecourts.gov.in/hcservices/