Ilayaraja Alias Bharathi Alias Bharathiraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6646 of 2021 Ilayaraja Alias Bharathi Ali ... Petitioner/Accused Vs The Inspector of Police, Melur Police Station, Madurai District Cr No. 245/2021.

... Respondent/Complainant For Petitioner : Mr.Senthilkumar.R., Advocate. For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For bail in Crime No.245/2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.5, who was arrested on 22.04.2021 for the offence punishable under Sections 147, 294(b), 427, 323, 302 and 506(ii) of IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.245 of 2021 on the file of the respondent police, seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police. 3.The case of the prosecution is that the petitioner and other accused abused and attacked the defacto complainant and his son, with hands. Due to which, the defacto complainant's son succumbed to injuries. Hence, the present case.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner submitted that petitioner is an innocent person and he has not committed any

offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case. He further submitted that the petitioner has been in judicial custody from 22.04.2021. Therefore, he seeks bail.

5.The learned Government Advocate (criminal side), on instructions, submitted that the investigation is in preliminary stage. Therefore, he opposes this petition.

6.Considering the facts and circumstances of the case and the fact that the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 12/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT .

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

3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

ORDER

IN CRL OP(MD) No.6646 of 2021 Date :12/05/2021 SM CSL/VR/SAR-I/20.05.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/