Manimaran v. The Inspector Of Police
CRL OP(MD)No.13137 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 28/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.13137 of 2022 Manimaran ... Petitioner/Accused No.2 Vs.
State Rep.by The Inspector of Police, Pasupathipalayam Police Station, Karur District.
Crime No.283 of 2022 ... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar, Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.283 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order:- The petitioner, who is arrayed as A2 was arrested, on 19/06/2022 and remanded to judicial custody for the alleged offences punishable under sections 294(b), 323, 324, 342 and 307 IPC, in Crime No.283 of 2022, seeks bail.
2.The case of the prosecution is that the de-facto complainant by name Murugesan has lodged a complaint stating that the accused by name Raghu, who is the son-in-law was married to one Annapoorani as second wife. The sister of Raghu by name Prabha was married to one Balu. Balu informed him that Prabha have contact with one Manimaran. Because of the above said issue, there was frequent quarrel between Raghu and Prabha. On 16/06/2022, when the de-facto complainant along with his wife, daughter Vidhya and Annapoorani in their house, Raghu came to the house and asked Prabha to come out. When Prabha come out and picked up quarrel, this petitioner attacked the above said Raghu with knife. When the de-facto complainant tried to interfere, he was also attacked. Over the above said occurrence, a case in Crime No.283 of 2022 was registered for the offences under sections 294(b), 323, 342 and 307 IPC.
3.Seeking bail, this petition has been filed by this petitioner, who is arrayed as A2. The earlier bail application that was filed by him in Crl.MP No.1266 of 2022 before the Principal https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD)No.13137 of 2022 District and Sessions Judge, Karur, came to the dismissed on 14/07/2022 on the ground that A3 still absconding and the offence alleged is serious in nature.
4.The learned Government Advocate (Criminal side) would submit that the petitioner is not having good conduct and he has involved in four previous cases among which, one case is the offence of 307 IPC.
5.Now the learned counsel appearing for the petitioner would submit that so far as this case is concerned, there is no overtact attributed against him. Even as per the FIR, there was a dispute between A1 and the above said Raghu.
6.But reading of the FIR shows that while A1 and A3 caught holding the injured, only this petitioner has caused severe injuries with knife. He was arrested, on 19/06/2022 and ever-since, he is in custody.
7.Since the petitioner is already having the case of 307 IPC in his credit, this court is not inclined to enlarge the petitioner on bail at this stage. If the petitioner is released on bail, there is every likelihood of absconding and committing the similar offence. 8.So, this criminal original petition is dismissed. sd/- 28/07/2022 / TRUE COPY / /08/2022 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 OFFICER INCHARGE, SUB JAIL KARUR, KARUR DISTRICT.
2.THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.13137 of 2022 Date :28/07/2022 RS/PN/SAR.3 (01.08.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2