Dhamaraikani v. The State Rep By Its

Crl.O.P.No.28207 of 2023 C.V.KARTHIKEYAN,J.

The petitioners are A1 and A2 in S.C.No.281 of 2023, seek bail. Originally, Crime No.405 of 2023 had been registered by the respondent for the offences punishable under Sections 294(b), 448, 323, 506(2), 307, 326 r/w 109 of IPC and Section 4 of TNPHW Act. The petitioners had been taken into custody on 19.07.2023.

2.It is stated that the husband of the defacto complainant had died. She was living alone. The 2nd petitioner herein appears to have entered into the house with intent to give her sexual torture. On the fateful day, she had given a complaint against the accused persons. The issue was compromised. Thereafter, the accused persons again entered into the house of the defacto complainant and assaulted her with iron rod.

3.The earlier application seeking bail in Crl.O.P.No.26092 of 2023 was dismissed on 16.11.2023 and at the time of dismissing the petition, it had been observed that the defacto complainant should tender evidence and after that the application for bail can be considered.

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4.It is stated that that the defacto complainant has not yet been examined. 5.A direction is given to the Magalir Neethimandram (Fast Track Mahila Court), Villupuram, to frame charges as quickly as possible and also examine the defacto complainant both in chief and cross. The petitioner/accused should also co-operate in examining the defacto complainant, after that the application seeking bail can be considered. At this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 18.12.2023 ata 2/3

C.V.KARTHIKEYAN,J.

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