Madras High CourtCRL OP(MD)/12101/2023dismissed

Sivakumar v. The Inspector Of Police

2023-07-04Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12101 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12101 of 2023

1. Sivakumar,

2. Viswa, ... Petitioners/Accused No.6 and 8 Vs The State, represented by The Inspector of Police, Melattur Police Station, Thanjavur District.

(Crime No.117 of 2023).

... Respondent/Complainant For Petitioner : Mr.SENTHIL MURUGAN.C Advocate.

For Respondent : B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.117 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A6 and A8 herein, who were arrested on 01.06.2023 for the alleged offence under Sections 147, 148, 294(b), 324, 506(ii) and 307 of IPC r/w. Section 4 of TNPHW Act, in Crime No.117 of 2023 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the first accused had love affair with the relative of the defacto complainant, regarding the same, dipsute arose between them, for which, on 01.06.2023 these petitioners and other accused alleged to have assaulted the defacto complainant with deadly weapons. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that the earlier bail application that was filed by these petitioners is https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12101 of 2023 dismissed in Crl.O.P(MD) No.10983 of 2023, dated 20.06.2023 on the ground that injured is still in hospital. Further he would submit that injured is not discharged from the hospital and without any change of circumstances, this petition has been filed.

5. Considering the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioners. The petitioners can revive the bail application after the reasonable time. Hence, this petition deserves dismissal and accordingly dismissed.

sd/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.

2 THE INSPECTOR OF POLICE, MELATTUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12101 of 2023 Date :04/07/2023 SA/SAR. /07.07.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2