Madras High CourtCRL OP(MD)/4250/2024dismissed

Devi v. The Inspector Of Police

2024-03-22Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI DEVI ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE PULIVALAM POLICE STATION, TRICHY DISTRICT.

CRIME NO. 02/2024 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.SAKTHIVEL Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO. 02 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.01.2024 for the offence punishable under Sections 294(b), 324, 307 & 506(ii) IPC r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2012 in Crime No.2 of 2024, on the file of the respondent Police, seeks bail. 1/3

2.The case of the prosecution is that due to civil dispute, the petitioners and other accused abused and attacked the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. She is the wife of the first accused, so that, she has been falsly implicated in this case. The petitioner and the defacto complainant are close relatives and there is no specific overt act attributed against the petitioner. He would further submit that the petitioner is in judicial custody for more than three months and hence, he prayed for bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is pending. An earlier bail application filed by the petitioner was dismissed by this Court in Crl.O.P(MD) No.2714 of 2024, vide order dated 04.03.2024. Hence, he vehemently opposed for grant of bail.

5. Considering the facts and circumstances of the case and also considering the gravity of the offence and there is no change in circumstances to allow the present bail petition, this Court is not inclined to grant bail to the petitioner herein. 2/3

6. In view of the above, the Criminal Original Petition stands dismissed. sd/- 22/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE PULIVALAM POLICE STATION, TRICHY DISTRICT.

2 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

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

ORDER

IN Date :22/03/2024 SS/JGB/SAR- /16/04/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3