Selvam v. The Inspector Of Police

CRL OP(MD). No.5374 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5374 of 2020 Selvam ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Devadanapatty Police Station, Theni District.

(In Cr No.377/2020) ... Respondent/Complainant For Petitioner : M/s.M.Laxmi Mahendraa, Advocate.

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

PRAYER :- For Bail in Crime No. 377 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner is arrayed as accused No.1. He was arrested and remanded to Judicial Custody on 22.04.2020 for the offences punishable under sections 294(b), 323 and 506(ii) of I.P.C., r/w Section 4 of TNPHW in Crime No.377 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner seeks bail on the ground that in matrimonial dispute between the defacto complainant and A2, he as a village Head Man, tried to amicably settle the dispute between them. Aggrieved by that, the defacto complainant, who was not ready for re-union, has given a false complaint alleging as if he has attacked her and threatened with dire consequences.

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CRL OP(MD). No.5374 of 2020

4. Per contra, the learned Additional Public Prosecutor would submit that the petitioner, who has habit of conducting Kangaru Court, threatened the defacto complainant, who was living separately and fearing threat to her life, the defacto complainant has lodged the complaint. pursuant to which, the petitioner was arrested.

5. So far as the investigation indicates that the petitioner has taken the side with the family of the defacto complainant's husband family and had abused and attacked the defacto complainant. He has also threatened them with dire consequences. Nearly 7 criminal cases have been registered against this petitioner and his antecedents has caused real threat to the defacto complainant. If the petitioner is released on bail, there is every possibilities to tampering the witnesses.

6. Taking note of the gravity of the offence committed by the petitioner and the stage of the investigation, this Court is not inclined to grant bail to the petitioner, since release of the petitioner may lead to tampering the investigation. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, DEVADANAPATTY POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5374 of 2020 Date :19/05/2020 GNS SRS/ JC/ SAR-II/ 19.05.2020/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/