Renuka v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24727 of 2021 1 RENUKA [ PETITIONERS / ACCUSED ] 2 RAVI 3 KANNAN 4 MUTHURAJA 5 MANONMANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUVARUR DISTRICT.

CRIME NO.1497 OF 2021 For Petitioners : M/S. SWAMISUBRAMANIAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 02.11.2021 for the offences under Sections 147, 148, 341, 294(b), 506(ii), 342, 307 and 302 of I.P.C., in Crime No.1497 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity regarding the land owned by the de facto complainant's family was cultivated by the petitioners family for the past 40 years and they had not chosen to return the same. Hence, the de facto complainant fenced their land and sapled crops in their land without the knowledge of the petitioners. Hence, on 29.10.2021 at about 06.30 p.m, while the de facto complainant and his mother/deceased were proceeding towards their residence through their land, the petitioners waylaid them and questioned about the fencing and also abused them with filthy language

and when the relatives of the de facto complainant tried to pacify the dispute, the petitioners stabbed the deceased on her neck and hands to finish off her life due to which, the deceased sustained injuries and taken to the hospital and later died. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that there is a case in counter. He would further submit that the petitioners have been suffering incarceration for more than 40 days from 02.11.2021 and hence, he would pray for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would raise objection stating that with regard to the enjoyment of the property belongs to the father of the deceased, on the date of occurrence there was a wordy quarrel between the parties during which, the petitioners stabbed the mother of the defacto complainant with knife due to which, the mother of the defacto complainant succumbed to injuries and that the investigation has not been completed.

5.On seeing the grave nature of allegation levelled against the petitioners and that the investigation has not been completed, this court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original petitioners is dismissed. -sd/- 17/12/2021 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, THIRUTHURAIPOONDI POLICE STATION, THIRUVARUR DISTRICT.

2 THE OFFICER INCHARGE SUB-JAIL FOR WOMEN, THIRUVARUR.

3 THE OFFICER INCHARGE DISTRICT PRISON, NAGAPATTINAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.24727/2021 Date :17/12/2021 JPA 30/12/2021