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Madras High CourtCRL OP(MD)/2907/2024dismissed

Kannan v. The Inspector Of Police

2024-03-18Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KANNAN ... Petitioner /Accused ( Sole ) Vs THE INSPECTOR OF POLICE KUMBAKONAM POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.322/2018.) ... Respondent / Complainant For Petitioner :

M/s.C.SENTHIL MURUGAN, Advocate For Respondent :

Mr.S.MANIKANDAN, Government Advocate (crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : TO ENLARGE THE PETITIONER ON BAIL IN SC NO.53/2019, ON THE FILE OF THE LEARNED MAHALIR NEETHIMANDRAM (FAST TRACK), MAHILA COURT, THANJAVUR) IN CRIME NO.322/2018, ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner / sole accused, who is facing trial in S.C.No.53 of 2019, on the file of the Mahalir Neethimandram (Fast Track) Mahila Court, Thanjavur in Crime No.322 of 2018 for the alleged offence punishable under Sections 294(b) and 302 IPC, seeks bail.

2. The case of the prosecution is that due to matrimonial dispute arose between the petitioner and the defacto complainant's daughter, the petitioner abused her daughter with filthy language and attacked her with hands, which resulting in the death of her daughter. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case. Hence, he prays for bail.

4. Today, the learned Government Advocate appearing for the respondent Police has produced the statement of the Social Welfare Officer and he vehemently opposed for grant of bail to the petitioner.

5. Perusal of report reveals that if the petitioner comes out of bail, it will not be safe to the mother and children of the petitioner.

6. Considering the facts and circumstances and also considering the safety of the children and the mother of the petitioner, this Court is not inclined to grant bail to the petitioner.

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7. Accordingly this Criminal Original Petition stands dismissed. sd/- 18/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE JUDGE, MAHALIR NEETHIMANDRAM (FAST TRACK), MAHILA COURT, THANJAVUR.

2.THE INSPECTOR OF POLICE, KUMBAKONAM POLICE STATION, THANJAVUR DISTRICT.

3.THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.

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

ORDER

IN Date :18/03/2024 SA/GS/SAR. /21.03.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3