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Madras High CourtCRL OP(MD)/1972/2023dismissed

S.Krishnavarman @ Kittu v. The Inspector Of Police

2023-02-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.1972 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.1972 of 2023 S.Krishnavarman @ Kittu ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Thirukoshtiyur Police Station Sivagangai District (Crime No.05 of 2023).

... Respondent/Complainant For Petitioner : M/s.Mohamed Ayyadurai.N, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PRAYER :- For Bail in Crime No.5 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 08.01.2023 for the offences punishable under Sections 294(b), 323,506(i) of IPC and section 4 of TNPHW Act and Section 4(1)(j) of TNP Act in Crime No.5 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 08.01.2023at about 2.30 pm., the petitioner abused the defacto complainant in filthy language in drunken mood, assaulted her with hands and also threatened her to kill, hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 08.01.2023, hence he seeks bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1972 of 2023

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner in a drunken mood had misbehaved with the defacto complainant and also threatened her with dire consequences. He would further submit that the petitioner was arrested only on 08.01.2023 and the investigation is only in the preliminary stage, hence he objected to grant bail to the petitioner. He would further submit that 18 previous cases are pending against the petitioner, out of which two cases are under section 302 of IPC.

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

6. Taking into consideration of the facts and circumstances of the case and also the submission made by the learned Additional Public Prosecutor this Court is not inclined to grant bail to the petitioner.

7. Hence the Criminal Original Petition stands dismissed for the present.

sd/- 01/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THIRUKOSHTIYUR POLICE STATION SIVAGANGAI DISTRICT THE OFFICER INCHARGE, SUB JAIL, THIRUPPATHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1972 of 2023 Date :01/02/2023 KB/SSS/SAR III/(09.02.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2