Subash v. The Inspector Of Police
CRL OP(MD). No.16131 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16131 of 2022
1. Subash S/o.Maruthaiah Pandian,
2. Subash S/o.Thalaivar, ... Petitioners/Accused Rank Not Known Vs State represented by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
(Crime No.110 of 2022).
... Respondent/Complainant For Petitioners: M/s. Senthil Sankaranatha Kumar S, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.110 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/accused, who were arrested and remanded to judicial custody on 20.07.2022 for the offences punishable under Sections 143, 294(b), 323 and 302 of IPC, in Crime No.110 of 2022, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 19.07.2022, in the temple festival, a wordy quarrel arose between the people of two villages and at that time, the first accused along with other accused attacked the deceased with hands and pushed him into the well and caused him death. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.16131 of 2022 3.On the side of the petitioners, it is stated that A1 was already released on bail by the trial Court and A2 and A3 were already released on bail by this Court in Crl.O.P.(MD)No.14841 of 2022, dated 25.08.2022. The petitioners are in judicial custody from 20.07.2022 and prayed the petitioners to be released on bail. 4.On the side of the prosecution, it is stated that the counter case in Crime No.111 of 2022 is pending against the de-facto complainant and the investigation is pending. It is fairly admitted that the co-accused were already released on bail by this Court as well as the trial Court.
5.Considering the period of incarceration and on considering the nature of the allegations levelled against the petitioners, this Court is not inclined to grant bail to the petitioners. 6.In the result, this Criminal Original Petition is dismissed. sd/- 07/09/2022 / TRUE COPY / /09/2022 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.
TO
1. THE INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, TENKASI DISTRICT.
2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16131 of 2022 Date :07/09/2022 sji USK/SBN/SAR-I/14.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2