← Library
Madras High CourtCRL OP(MD)/2132/2023dismissed

Titus @ Maria Antony Pitchiah Titus v. The Inspector Of Police

2023-02-02Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Titus @ Maria Antony Pitchiah Titus, ... Petitioner/1st Accused Vs The State Rep.by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

Crime No.29 of 2023..

... Respondent/Complainant For Petitioner : M/s.Muniyandi S, Advocate.

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

PRAYER :- For Bail in Crime No.29 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 14.01.2023 for the offence punishable under Sections 147,148,294(b),506(ii) and 307 of IPC in Crime No.29 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.01.2023 while the defacto complainant was in the bar all the accused persons came there with aruval and knife and demanded liquor on free of cost. Since the defacto complainant was not agreeable for the same all the accused abused the defacto complainant in filthy language and 1/3

also attempted to murder him with aruval and knife and also made criminal intimidation against him, 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 custody from 14.01.2023, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that all the accused unlawfully assembled together with deadly weapons and abused the defacto complainant in filthy language and also attempted to murder him with aruval and knife and also made criminal intimidation against him. He would further submit that the petitioner is having 14 previous cases against him, out of which five cases are for offences under sections 307 of IPC and one case under Section 302 of IPC. He would further submit that the investigation is in nascent stage and at this juncture if the petitioner is released on bail, there is every possibility of him threatening the witness, hence he objected to grant bail to the petitioner.

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

6. Taking into consideration the facts circumstances of the case and also taking note of the fact that the investigation is in preliminary stage this Court is not inclined to grant bail to the petitioner.

7. Hence the petition stands dismissed for the present. sd/- 02/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

2/3

2. The Superintendent, Central Prison, Palayamkottai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2132 of 2023 Date :02/02/2023 RD/SAR-II(03/02/2023) 3P 4C 3/3