Madras High CourtCRL OP(MD)/11807/2024dismissed

K.Pandi Durai @ Aiyavu v. The Inspector Of Police

2024-08-01Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. K.Pandi Durai @ Aiyavu

2. Ajith @ Ajithkumar

3. S. Rajkumar

4. Aathi @ Aathiththiyan ... Petitioners/Accused No.1,3,4 & 5 Vs The Inspector of Police, W-1, Thirunagar Police Station, Madurai District (Crime No. 376 of 2024).

... Respondent/Complainant For Petitioners :

M/s. Sankar.K., Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 376 of 2024 on the file of the respondent police. 1/3

ORDER : The Court made the following order :- The petitioners, who arrayed as accused were arrested and remanded to judicial custody on 15.07.2024 for the offences punishable under sections 61(2), 109, 111, 191(2), 191(3), 296(b) and 324(4) of BNS and Section 25(1A) of Arms Act Crime No.376 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous motive, the petitioners herein and other accused persons have trespassed into the house of the defacto complainant with Aruval and other weapons and attacked him and also abused him in filthy language. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that petitioners have been falsely implicated in this case and the petitioners are in jail from 15.07.2024 and prays for granting bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police that it is a retaliation of murder and hence, the custodial interrogation of the petitioners is necessary. He would further submit that they have filed a custodial memo before the concerned Court and hence, prays for dismissal of this petition.

5. Considering the submission made by the learned Additional Public 2/3

Prosecutor and also considering the gravity of offence, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 01/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Inspector of Police, W-1 Thirunagar 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.11807 of 2024 Date :01/08/2024 ED/ GS /SAR- (14/08/2024) 3P / 4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3