Dhanush v. State Rep. By

Crl.OP.No.24205 of 2023 Crl.O.P.No.24205 of 2023 C.V.KARTHIKEYAN, J.

The petitioner /A2 in Crime No.200 of 2023 originally registered by the respondent Police under Sections 279, 304(a) of IPC as a hit and run against the unknown vehicle on 23.08.2023. The actual complainant was A3.

2.Subsequently, the investigation reveals that A3 had illicit intimacy with A1 and further, to that particular relationship, they had common intention to do away with the husband of A3. 3.It is stated that they had taken him claiming he had an ear pain and had assaulted him with rod on his right forehead. 4.The learned counsel for the petitioner stated that the petitioner herein is arrayed as A2 who is only friend of A1 and therefore, claims that he is innocence of the offence.

5.But this fact would come to light only during the course of investigation. It is also seen that A3 who was the defacto complainant had given an extra judicial confession before the Village Administrative Officer, Oruvanthur and the statement had also been recorded. This would indicate that the investigation has to be done and the actual overt act as against the petitioner would have to be determined . 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.24205 of 2023 C.V.KARTHIKEYAN, J.

vkr 6.At this stage, this Court is not inclined to grant bail to the petitioner.

7.Hence, this Criminal Original Petition stands dismissed. 30.10.2023 vkr Crl.O.P.No.24205 of 2023 2/2 https://www.mhc.tn.gov.in/judis