Madras High CourtCRL OP(MD)/5176/2018dismissed

Balaganesan, v. The Inspector Of Police,

2018-04-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5176 of 2018 BALAGANESAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, THERMAL NAGAR POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.19 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.A.J.THEIVA THOLKAPPIAN, Advocate For Respondent : M/S.PRABU RAMACHANDRAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as the sole accused. He was arrested by the respondent police on 17.03.2018 and remanded to judicial custody. The case against him is for alleged offences punishable under Sections 294(b), 307 and 506(ii) IPC and Section 4 of TNPWH Act, in Crime No.19 of 2018, on the file of the respondent police. He seeks bail.

2.The de-facto complainant viz., Gowsalya is none other than the erstwhile wife of the petitioner. The de-facto complainant is working in Tuticorin Thermal Power Station. The marriage between the petitioner and the said Gowsalya was solemnized in the year 1995. However, in August 2016, the marriage was dissolved. The https://hcservices.ecourts.gov.in/hcservices/ daughters are presently with the de-facto complainant. However, on 15.02.2018, the petitioner had gone to the house of the de-facto

complainant and inflicted cut injuries on her. She was in hospital and took treatment for 7 days.

3.Considering the serious nature of allegations made against the petitioner and the fact that safety of women is involved, this Court is not inclined to grant bail to him. Accordingly, this Criminal Original Petition is dismissed. sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THERMAL NAGAR POLICE STATION, THOOTHUKUDI DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT JAIL, PEROORANI, THOOTHUKUDI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.A.J.THEIVA THOLKAPPIAN Advocate SR.No.5328

ORDER

IN CRL OP(MD) No.5176 of 2018 Date :04/04/2018 PK/RR/SAR-1/06.04.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/