Vivek@Vivekanandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vivek @ Vivekanandan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Ganesh Nagar Police Station, Ganesh Nagar, Pudukkottai District.

(Crime No.799/2021) ... Respondent/Complainant For Petitioner : Mr.S.Sankar Advocate For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.799 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 12.10.2021 for the offence under Sections 294(b), 386 and 506(ii)IPC r/w Sections 7 and 25 (1A) of Arms Act, in Crime No.799 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is running a grocery shop at his native and one Sivaranjani, who happens to be his regular customer, approached him and asked rat killer medicine. He told her that he does not sell rat killer. Since she insisted him, he gave a rat paste, which was kept by him for his personal use. After some time, she consumed the rat paste and she was admitted in the hospital. Thereafter, the relatives of Sivaranjani picked up quarrel with the defacto complainant and they blamed him for the above said suicidal attempt. The petitioner and his friend watched the entire occurrence and told him that they will do panchayat in this matter and for that, they demanded Rs.1,00,000/-. But, the defacto complainant refused to pay the said amount. While so, on 18.09.2021, the petitioner and his friend approached the defacto complainant and told that they successfully completed the panchayat and convinced the relatives of Sivaranjani. They also demanded Rs.1,00,000/-. But, the defacto complainant 1/3

refused to pay the same. Angered over the same, the petitioner threatened the defacto complainant with deadly weapons and thereafter, the defacto complainant gave a sum of Rs.50,000/- to the petitioner and his friend. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has been falsely implicated in this case. The relatives of the deceased intended to give complaint against the defacto complainant and in order to escape from the same, he gave this false complaint against the accused persons. Since the petitioner is in custody from 19.09.2021, he seeks for grant of bail.

4.The learned Additional Public Prosecutor submits that the defacto complainant is running a grocery shop and one Sivaranjani bought rat-paste from his shop and consumed the rat paste and committed suicide. The accused persons conducted katta panchayathu in order to extract money from the defacto complainat and also demanded amount from the defacto complainant. Apart from this case, the petitioner is involved in twelve other cases, out of which six cases are similar in nature.

5. Considering the nature of offence, the antecedents of the petitioner and also considering the fact that by taking advantage of the sale of rat poison, the accused persons conducted katta panchayathu and demanded money from the defacto complainant, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/10/2021 / TRUE COPY / / /2021 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.

2/3

TO 1.The Inspector of Police, Ganesh Nagar Police Station, Ganesh Nagar, Pudukkottai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The District Prison, Pudukkottai.

ORDER

IN CRL OP(MD) No.16547 of 2021 Date :28/10/2021 RS/VR/SAR3 (15.11.2021) 3P 4C 3/3