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Madras High CourtCRL OP/14678/2024dismissed

Sellapandi v. Home, Prohibition And Excise Department

2024-06-24Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.14678 of 2024 Crl.O.P.No.14678 of 2024 T.

V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 22.05.2024 in Crime No.367 of 2024 registered for the alleged offences punishable under Sections 294(b), 323, 307 and 109 and 120(b) IPC, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if he assaulted the defacto complainant's sons. Infact the petitioner is the 1st wife son and other accused are 2nd wife's son. He further submitted that he is no way connected with the alleged offence. He is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that totally there are 3 accused. The petitioner herein is arrayed as A3. The petitioner and the defacto complainant are family members. Due to a family dispute, the petitioner along with other accused trespassed into the house of the defacto complainant and assaulted them. The victim had 20 stitches, due to the assault. He further submitted that the investigation is not yet completed, therefore, he vehemently opposed to grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.14678 of 2024 T.V.THAMILSELVI,J.

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4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that since the petitioner and the defacto complainant are family members, if the petitioner is released on bail, he may threaten the witnesses, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 24.06.2024 gd Crl.O.P.No.14678 of 2024 https://www.mhc.tn.gov.in/judis