Madras High CourtCRL OP(MD)/12770/2021dismissed

Siva@Sivakumar v. The Inspector Of Police

2021-09-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.12770 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.12770 of 2021 1.Siva @ Sivakumar 2.Karthik @ Karthikeyan ... Petitioners/Accused Nos.1 and 2 vs The State rep.by, The Inspector of Police, Srirangam Police Station, Trichy District.

In Crime No.644 of 2021. ... Respondent/Complainant For Petitioners : M/s.R.Yamuna, Advocate.

For Respondent : Mr.T.Senthilkumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No.644 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 & A2 who were arrested on 26.07.2021 by the respondent police for the alleged offence punishable under Sections 294(b), 323, 342, 324 and 506(ii) I.P.C, in Crime No.644 of 2021, seek bail.

2.The case of the prosecution is that while consuming liquor, there was a wordy quarrel between the the defacto complainant and his brother and hence, the petitioners abused the defacto complainant in filthy language and assaulted with beer bottles and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they did not commit any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) strongly opposed for grant of bail on the ground that the investigation is yet to be completed. He would further submit that the first petitioner is having seven previous cases and the second petitioner is having six pervious cases.

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CRL OP(MD). No.12770 of 2021 5.Considering the nature of allegation levelled against the petitioners and their antecedents, this Court is not inclined to grant bail to the petitioners. At this juncture, the learned counsel for the petitioners intervened and sought permission of this Court to withdraw the application. However, considering the conduct of the petitioners in committing the offence repeatedly, this Court is not inclined to grant such permission as well.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 21/09/2021 / 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 SRIRANGAM POLICE STATION, TRICHY DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.12770 of 2021 Date :21/09/2021 MSA MK/JM/SAR.II/05.10.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2