Srinivasan v. State Rep. By

Crl.O.P.No.15403 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Srinivasan, who was arrested and remanded to judicial custody on 16.05.2023 for the offences punishable under Sections 341, 294(b), 323, 324, 506(ii) of IPC in Crime No.79 of 2023 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, there is a case in counter in Crime No.80 of 2023, on the basis of the complaint given by the petitioner against the defacto complainant Manimuthu and others. He further submitted that, due to fight between the parties in connection with drawing water the common well, false and exaggerated complaint was given by the defacto complainant. Petitioner is in Judicial Custody from 16.05.2023. Hence, he seeks bail to the petitioner.

3. In response, learned Government Advocate (Crl. Side) opposes the petition on the ground that, there is a dispute between the defacto complainant and accused in connection with drawing water from 1/3

the common well. As a result, on 10.00.a.m., on 16.05.2023, petitioner had beaten the defacto complainant with wooden log on his head and on his leg. Petitioner had also abused the defacto complainant in filthy language.

4. The learned Counsel appearing for the defacto complainant/intervenor submitted that, in the incident, defacto complainant had suffered fracture injuries in his both hands and on his left leg. In support of his submission, copies of the x-rays also produced.

5. Considering the nature, facts and circumstances of the case and the extensive injuries suffered by the defacto complainant and that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 19.07.2023 Sma 2/3

G.CHANDRASEKHARAN. J.

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