Ayyanar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ayyanar ... Petitioner / Sole Accused Vs The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

(Crime No.148 of 2023.) ... Respondent / Complainant For Petitioner :

Mr.A.S.Rajeswari, 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.148 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, was arrested and remanded to judicial custody on 04.07.2023, for the alleged offence punishable under Sections 294(b), 435 and 506(ii) of IPC, in Crime No.148 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that a case was registered against the petitioner on the basis of the complaint given by the father of the victim girl stating that his daughter was harassed under the guise of love affair. When that was 1/3

objected by the parents on seeing the same, this petitioner alleged to have escaped from the place upon which Crime No.16 of 2021 was registered on 12.07.2021. He was released on bail in the matter. After that, another occurrence took place, upon which Crime No.29 of 2021 was registered on 21.02.2022 in the matter also, he was arrested and later released on bail. After that the present occurrence has taken place. Upon which the present case has been registered on 04.07.2023, stating that this petitioner alleged to have set fire to the two wheeler belongs to the defacto complainant.

3. Perusal of the CD file shows that the vehicle bearing registration No. TN 63 AV 4384 was found in a burnt condition and damage report has been obtained from a private valuer.

4. The learned counsel for the petitioner would submit that because of the love affair between the victim girl / the daughter of the defacto complainant and the petitioner, repeated false complaint has been given, since they objected their love.

5. The learned Additional Public Prosecutor would submit that the petitioner has been committing similar offence and already two cases have been registered and oppose the grant of relief to the petitioner.

6. The continuous occurrence shows that the petitioner is taking vengeance upon the defacto complainant and his family. There is no guarantee that he will not 2/3

commit similar office in future and also make threat to the defacto complainant's family. Therefore, this Court is not inclined to grant relief to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. sd/- 10/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

2.The Officer Incharge, Thiruppathur Prison, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.14270 of 2023 Date :10/08/2023 ED/JGB/SAR- (07/09/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3