Suresh @ Auto Suresh v. The Inspector Of Police

CRL OP(MD). No.683 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.683 of 2023 Suresh @ Auto Suresh ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

Crime No.394 of 2022. ... Respondent/Complainant For Petitioner : M/s.Anantha Murugan S.M., Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.394 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 27.12.2022 for the offences punishable under Sections 294(b), 341, 324, 427 and 506(ii) IPC r/w 25(1-A) of Arms Act in Crime No.394 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, on 27.12.2022 at about 12.45 p.m., when the de-facto complainant and one V.C.Raja, were chatting at Thiruthangal, Muneeswaran Colony, Sengulam North bund, near Karuppusamy Temple, the petitioner came there with a big sickle, abused the de-facto complainant in filthy language, assaulted him with the handle of sickle on his right elbow and grabbed the cell phone of the de-facto complainant and broken it on the road and also threatened to kill him. Hence, the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.683 of 2023 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and this case has been put up against him, since he has got previous cases. Hence, he seeks for bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has been arrested very recently on 27.12.2022. He would further submit that the petitioner has got 21 previous cases, out of which, six cases were already ended in acquittal, ten cases were already ended in conviction and five cases are pending. He would further submit that the investigation is at initial stage and hence, he opposed to grant bail.

5.Heard. Perused the materials available on record including the First Information Report.

6.Considering the facts and submissions of the case and also the fact that the petitioner has been arrested very recently, this court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. sd/- 11/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.683 of 2023 Date :11/01/2023 VA/MMS/SAR-3/25.01.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2