Madras High CourtCRL OP/18402/2021dismissed

Vijayaganth v. The State Repby

2021-10-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18402 of 2021 VIJAYAGANTH [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, MARANDHALLI P.S., DHARMAPURI DISTRICT CRIME NO.270 OF 2021 For Petitioner : M/S.V.RAMAMURTHY Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) 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 12.07.2021 for the offence punishable under Sections 294(b), 307 of IPC and 25(1)(a) of Arms Act, 1959, in Crime No.270 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had illegal intimacy with the mother of the defacto complainant and the same was objected by the defacto complainant and thereafter, the petitioner had abused the defacto complainant in filthy language and took a country made gun with an intent to kill the defacto complainant and shot at him and caused serious injuries, due to which even as on date the defacto complainant is unable to move to any place. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has been in jail from 12.07.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the paramour of the mother of the defacto complainant and the same was objected by the defacto complainant and thereafter, the petitioner had abused the defacto complainant in filthy language and took a country made gun with an intent to kill the defacto complainant and shot at him and caused serious injuries, due to which even as on date the defacto complainant is unable to move to any place. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that the petitioner has involved in very heinous offence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/10/2021 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, MARANDHALLI POLICE STATION, DHARMAPURI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, DHARMAPURI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.V.RAMAMURTHY Advocate on payment of necessary charges CRL OP.18402/2021 Date :06/10/2021 JPA 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/