Madras High CourtCRL OP/15237/2022dismissed

S.Aishwarya v. State Rep By

2022-07-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15237 of 2022 S.AISHWARYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-4, MADURAVOYAL POLICE STATION, CHENNAI.

(CRIME NO.309/2022) For Petitioner : M/S.D.SARASWATHI Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor 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 05.06.2022 for the offence punishable under Sections 294 (b), 326A, 506(ii) of IPC in crime No.309 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the defacto complainant one, Ashwini who fell in love with one Parthiban. At the same time, the petitioner also had a love affair with the above said Parthiban. Due to which, an enmity had arose between the complainant and the petitioner. On the day of occurrence, the petitioner went to the house of the complainant and poured acid on her face and her mother's face and thereafter she escaped in the A2's vehicle. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that A2 was already granted bail by this Court in Crl.OP.No.15063 of 2022 dated 30.06.2022. Hence, he prays to grant bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally two accused, in which the petitioner is arrayed as A1 and she was the person who poured acid on the face of the defacto complainant. Therefore, she has specific overt act. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner who is arrayed as A1, has specific overt act since she only poured acid on the face of the defacto complainant. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

-sd/- 04/07/2022 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, T-4, MADURAVOYAL POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL JAIL,PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.SARASWATHI Advocate on payment of necessary charges CRL OP.15237/2022 Date :04/07/2022 CSK 07/07/2022 https://hcservices.ecourts.gov.in/hcservices/