Madras High CourtCRL OP/16746/2021dismissed

Dhivya v. State- Inspector Of Police,

2021-09-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16746 of 2021 1 DHIVYA [ PETITIONERS / ACCUSED ] 2 IYYAPPAN 3 BHARATHI Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLIPURAM DISTRICT.

(CRIME NO.249 OF 2021) For Petitioner : M/S. P.VEERANARAYANA Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 05.07.2021 for the alleged offences punishable under Sections 294(b), 323 and 302 of IPC, in Crime No.249 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that A1 borrowed a sum of Rs.1,00,000/- from the deceased and when the same was questioned by the deceased, the petitioners had abused the deceased and assaulted the deceased on her chest with hand and hence, she fell down on the floor and unconscious and immediately the son of the deceased took her mother to the hospital, she died. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that A1 borrowed a sum of Rs.30,000/- out of which Rs.25,000/- already been paid to the deceased, due to COVID-19 pandemic situation A1 has not repay the balance amount of Rs.5,000/-.Hence, he prays for grant of bail to the petitioners.

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4.The learned Government Advocate (Crl.Side) would submit that the investigation is at initial stage. He further submits that this Court had already granted dismissed the bail to the petitioner in Crl.O.P.No.14135 of 2021 dated 12.08.2021. Hence, he vehemently opposed for grant of bail to the petitioners. 5.Considering the fact that the investigation is at initial stage and the petitioners have involved in very serious offence and this Court had already granted dismissed the bail to the petitioner in Crl.O.P.No.14135 of 2021 dated 12.08.2021 and there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/09/2021 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, AUROVILLE POLICE STATION, VILLIPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

4 THE OFFICER INCHARGE SUB JAIL, DHINDIVANAM.

CC to M/S. P.VEERANARAYANA Advocate on payment of necessary charges CRL OP.16746/2021 Date :13/09/2021 TA-20/09/2021 https://hcservices.ecourts.gov.in/hcservices/