Subramaniyan v. The State Rep.By Its

Crl.O.P.No.28425 of 2023 C.V.KARTHIKEYAN,J.

The petitioner/A2 in Crime No.501 of 2023, registered by the respondent for the offences under Sections 147, 148, 448, 294(b), 324, 354, 379, 427 & 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of SC/ST (POA) Act, 1989, seeks bail.

2.The petitioner had been remanded to custody on 24.11.2023 with respect to an incident which took place on 23.11.2023. 3.The learned counsel for the petitioner stated that the son of the petitioner had a quarrel with the brother of the defacto complainant which escalated into violence.

4.A counter affidavit has been filed on behalf of the respondent stating that when the defacto complainant and his brother were returning home, A3 had come in a two-wheeler in a rash and negligent manner and dashed against the defacto complainant. It is also stated that A3 had abused the defacto complainant in filthy language by using his caste name. Thereafter, A1 and A2 along with A3 had trespassed into the house of the defacto complainant and again abused the defacto complainant in filthy language and attacked him and threatened him with dire consequences. It is also stated that five sovereigns of gold chain was 1/3

also snatched and a motorcycle was also damaged. 5.It is also stated that A1, who is the husband of the Village Panchayat President and therefore a privileged person, is still absconding. A3 is a minor but A1 has not subjected himself before the judicial process. It is also stated that a counter case has been given against the defacto complainant. 6.It is a clear case of escaping from the clutches of law. No serious objections have been raised on behalf of the defacto complainant. This is very surprising and it also gives an impression that the petitioner has purchased the defacto complainant. If it is a fact that has to be condemned. 7.Taking all the factors into consideration, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition is dismissed.

24.01.2024 ata C.V.KARTHIKEYAN,J.

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