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Madras High CourtCRL OP(MD)/13239/2023dismissed

Ramesh v. The Sub Inspector Of Police

2023-07-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ramesh, ... Petitioner/2nd Accused Vs State Rep.by The Sub Inspector of Police, Bodi Town Police Station, Bodi, Theni District.

Crime No.228 of 2023.

. ... Respondent/Complainant For Petitioner : M/s. Guhan.K,Advocate.

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

PRAYER :- For Bail in Crime No.228 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 12.06.2023 for the alleged offence under Sections 294(b), 506(ii), 307 & 34 of IPC r/w Section 4 of 1/4

TNPHW Act, in Crime No.228 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant is husband and wife. The petitioner is having illegal relationship with another woman. Hence, the defacto complainant live separately. She file petition for maintenance before the trial Court. While so, the petitioner along with co-accused hit the defacto complainant with car bearing Registration No.TN 59 BZ 9090 and caused multiple injury. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor submitted that totally there are two accused. The petitioner is the second accused. He is the husband of the defacto complainant and he alone tried to commit murder upon the defacto complainant with the help of accused No.1.

5. The occurrence said to have been taken place in front of the Court, where the matrimonial proceedings pending between the second accused and the defacto complainant. Reading of the CD file shows that attempt was made upon the life of the defacto complainant with the help of the first accused by running over a car. In 2/4

the above said occurrence, the defacto complainant sustained grievious injury. She was taken from the site to the hospital. Even though it has been stated that the petitioner is in custody for more than a month, the manner of the above said occurrence shows the cruel intention on the part of the petitioner. If he is released on bail, there is every likelihood to tamper or hamper the Investigation. Therefore, this petition deserves to be dismissed.

6. Accordingly, this criminal original petition stands dismissed. sd/- 20/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE SUB INSPECTOR OF POLICE BODI TOWN POLICE STATION, BODI,THENI DISTRICT.

THE OFFICER INCHARGE DISTRICT JAIL, THENI.

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

+1 CC to M/s.K.GUHAN, Advocate ( SR-11046[I] dated 21/07/2023 )

ORDER

IN CRL OP(MD) No.13239 of 2023 Date :20/07/2023 PKP/VR/SAR- /18.08.2023/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4