Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.12889 and 12907 of 2023 Velmurugan ... Petitioner/Accused No.4 in Crl.OP(MD)Nos.12889 of 2023 Thalavai Kannan ... Petitioner/Accused No.2 in Crl.OP(MD)Nos.12907 of 2023 Vs The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

... Respondent/Complainant in both petitions (IN BOTH PETITIONS) For Petitioners : M/s Praveen Kumar.P, Advocae For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor COMMON PRAYER :- For Bail in Crime No.114 of 2023 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/Accused herein, who was arrested on 16.05.2023 for the alleged offence under Sections 147, 148, 294(b), 324, 307, 427, 506(ii) IPC, in Crime No.114 of 2023, on the file of the respondent police, seeks bail. 1/3

2.The case of the prosecution as per the defacto complainant Karthick is that he and his friend running a moving food cart. On 15.05.2023 at about 07.30p.m., the accused persons went to the shop and ate food and refused to pay the amount for the food, which was questioned by the defacto complainant. Due to that, the accused persons had abused the defacto complainant with filthy language and A3 assaulted him with aruval, in which, he sustained bleeding injury and A1 also assaulted him with aruval and also caused damages to his shop to the tune of Rs.20,000/-. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. They were implicated as per the confession of co-accused. The injured has been discharged from the hospital. The petitioners are not having any previous case at their credit. Hence, prays to release them on bail. 4.The learned Additional Public Prosecutor submitted that though the injured has been discharged from the hospital, due to severe injuries the injured was inpatient for a period of 39 days. In this case the accused had caused damages to the tune of Rs.20,000/-. Considering the nature of offence, prays to dismiss the petition. 5.Considering the gravity of the offence, nature of overt act attributed against the petitioners, the manner in which, the occurrence has taken place and 2/3

serious injuries sustained by the defacto complaint and also considering the vehement objection raised by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, these Criminal Original Petitions stand dismissed. sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM To 1.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

2.The Superintendent, Central Jail, Palayamkottai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) Nos.12889 and 12907 of 2023 Date :14/07/2023 ED/MMS/SAR- (25/07/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3