Madras High CourtCRL OP/18042/2024dismissed

Dhanasekar v. State Rep By

2024-07-31Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.18042 of 2024 Crl.O.P.No.18042 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 19.07.2024 for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 109(1) and 351(3) of BNS, 2023, in Crime No.219 of 2024, on the file of the respondent Police, seeks bail.

2. Learned Counsel for the petitioner submitted that the petitioner is an innocent person, has been falsely implicated in this case, as if the petitioner waylaid the defacto complainant and attacked him with knife, whereas he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody from 19.07.2024, and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the defacto complainant and the petitioner are close friends. On the date of incident, the defacto complainant recorded the private behaviours of the petitioner with girls. Subsequently, due to the misunderstanding between them, the petitioner demanded the said recordings from the defacto complainant, but he refused to hand over the same, due to T.V.THAMILSELVI, J.

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

Crl.O.P.No.18042 of 2024 drl which, the petitioner and his associates waylaid the defacto complainant and attacked him with knife, and thereby he sustained injury. He further submitted that the petitioner has one previous case pending against him. However, he vehemently opposed for the grant of bail to the petitioner.

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

5. Considering the facts and circumstances of the case, and also considering the nature of offence made against the petitioner and the short period of incarceration, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 31.07.2024 drl Crl.O.P.No.18042 of 2024 https://www.mhc.tn.gov.in/judis