Madras High CourtCRL OP(MD)/911/2023dismissed

Chellapandi v. The Inspector Of Police

2023-01-11Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.911 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.911 of 2023 Chellapandi ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.264/2022).. ... Respondent/Complainant For Petitioner : M/s.Veerapandi P, Advocate For Respondent : Mr.T,Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.264/2022 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 06.11.2022, for the offence punishable under Sections 294(b), 323, 307, 506(ii) of I.P.C in Crime No. 264 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant is that on 06.11.2022, due to previous dispute in respect of temple festival, the accused abused and assaulted the defacto complainant with aruval and also threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He is noway connected with the offence. The petitioner is in judicial custody from 06.11.2022. Hence, prays to release the petitioner on bail.

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CRL OP(MD). No.911 of 2023 4.The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender, who is having thirteen previous cases at his credit. The investigation is not yet completed. Hence, vehemently oppose to release the petitioner on bail.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case and considering the gravity of the offence and also considering the previous bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. In view of the above, this Criminal Original Petition stands dismissed.

sd/- 11/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.911 of 2023 Date :11/01/2023 RK/BUC/SAR-2(24/01/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2