Jothimani v. The Inspector Of Police

CRL OP(MD). No.12205 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.12205 of 2021 Jothimani ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Silaiman Police Station, Madurai District.

In Crime No.343 of 2021 ... Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.343 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3 who was arrested on 21.07.2021, for the offence punishable under Sections 294(b) and 302 I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No.343 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.07.2021, the petitioner and two others bought cigarettes from the petty shop of the defacto complainant and refused pay for the same. When the same was questioned by the defacto complainant, the accused persons abused her in filthy language, at that time, the deceased who is the brother of the defacto complainant intercepted and questioned the accused. The accused persons attacked the deceased brutally and caused his death. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He is inside the prison from 21.07.2021 and hence, he seeks for grant of bail.

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CRL OP(MD). No.12205 of 2021 4.The learned Additional Public Prosecutor appearing for the respondent has strongly opposed the grant of bail on the ground that the investigation is yet to be completed.

5.Considering the facts and circumstances of the case, the nature of offence and the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 04/10/2021 / 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 SILAIMAN POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.12205 of 2021 Date :04/10/2021 MSA MK/PN/SAR.I/21.10.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2