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Madras High CourtCRL OP/24125/2022dismissed

Kala v. The State Rep By

2022-09-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.122 of 2022 registered for the offence under Sections 147, 148, 341, 324 & 302 IPC r/w 34 of IPC, on the file of the respondent Police.

2. The case of the prosecution is that on 16.08.2022, the accused along with the other accused assaulted the de-facto complainant's husband/victim indiscriminately with knife, due to which, the victim sustained severe injuries on his head and shoulder and died. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner, who is the mother of A1 and A2 and wife of A13, is an innocent person and she has been falsely implicated in this case. He would further submit that the petitioner is in custody from

18.08.2022 and she is ready to abide by any stringent condition that may be imposed by this Court and also prepared to furnish sufficient sureties. Hence, he prays for grant of bail to the petitioner.

4. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with the other accused, brutally assaulted the de-facto complainant with knife and caused grievous injuries on his head and shoulder, due to which, he died. He would also submit that there are 5 previous cases pending as against the petitioner including the NDPS cases. Therefore, he vehemently oppose to grant bail to the petitioner.

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

6. 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 there are five previous cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

30.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 30.09.2022