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Madras High CourtCRL OP/13521/2024dismissed

Boopathy Kannan v. The Inspector Of Police,

2024-06-10Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 29.02.2024 for the offences punishable under Sections 294(b), 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 which was later altered to Section 294(b), 307, 506(ii) of IPC and Section 4 of TNPHW Act in Crime No.54 of 2024 on the file of the respondent police seeks bail.

2.The case of the prosecution is that the petitioner had attacked the victim with hammer thereby she sustained grevious injuries. Hence the complaint. 3.The learned counsel for the petitioner submits that he is a senior citizen and an innocent person, having medical complications. He is no way connected with the alleged offence and he is falsely implicated in this case. Due to a family dispute between the petitioner and his wife/victim, the defacto complainant/petitioner's son acting under the influence of his mother. He is ready and willing to furnish substantial sureties for his appearance before the Court of Law. Hence, he seeks for grant of bail to the petitioner. 1/3

T.V.THAMILSELVI, J.

ah 4.The learned counsel for the intervenor submits that the victim sustained grevious injuries and taking treatment in the hospital. Hence opposed for granting bail.

5.The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting bail to the petitioner stating that he brutally attack the victim using the hammer. If the petitioner is enlarged on bail he will tamper the evidence and hamper the witnesses. 6.Considering the facts and circumstances, and also considering the submissions made by the learned Government Advocate (Crl.Side), and considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant anticipatory to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 2/3

10.06.2024 ah 3/3