Manikandan v. Inspector Of Police

Crl.O.P.No.18245 of 2023 G.CHANDRASEKHARAN.J., The petitioners namely V.Manikandan and V.Lakshmi, who were arrested and remanded to judicial custody on 10.06.2023 for the offences punishable under Sections 294(b), 498(A), 307 & 109 of IPC in Crime No.101 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioners submitted that, petitioners are falsely implicated in this case. Petitioners are in Judicial Custody from 10.06.2023. Thus, he seeks bail to the petitioner.

3. In response, learned Additional Public Prosecutor submitted that, defacto complainant and the first petitioner got married on 09.09.2022. Due to wed-lock, she was pregnant. However, first petitioner on the suspicion that, defacto complainant had became pregnant because of the illegal intimacy with someone, picked frequent quarrel with the defacto complainant. Her mother-in-law also instigated the petitioner. Therefore, defacto complainant left the matrimonial home and living with her parents. On 14.06.2023, child was born to the defacto complainant. On 10.07.2023 at about 10.00.a.m., petitioners had visited the CMC Hospital and saw the baby. On seeing the baby, 2nd 1/4

petitioner told that, facial resemblance of the baby is not like that of the 1st petitioner. 2nd petitioner told that, child was born to someone else and instigated the 1st petitioner to do away the defacto complainant and child. As a consequence, 1st petitioner took a small knife from his pocket and caused cut injuries on the neck and right hand of the child.

4. The learned Additional Public Prosecutor also produced the photographs showing injury caused to the child, who is just 26 days old. Wound certificate of the child shows that, child sustained cut injuries on the neck and in the hands.

5. Considering the nature, gravity and seriousness of the offence perpetrated by the petitioner against a just born infant and also the fact that, investigation in this case is pending, this Court is not inclined to grant bail to the petitioner for the reason that, threat from the petitioner is still available against the defacto complainant and her child. Not only that, if the petitioner is released on bail, there is a possibility that, petitioner may threaten the witness and tamper the evidence. 2/4

6. Accordingly, this Criminal Original Petition is dismissed. 23.08.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.18245 of 2023 23.08.2023 4/4