Kathiravan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Kathiravan,(A1)

2. Mullainathan,(A2)

3. Gowthaman,(A3)

4. Senthamilselvan,(A4)

5. Gopi,(A5)

6. Vijay,(A7)

7. Elayaraja,(A8)

8. Thaivaraj,(A11)

9. Kaviyarasan,(A12)

10. Rameshkumar,(A13)

11. Bakkiyaraj,(A14)

12. Kamaraj,(A15)

13. Sakthivel,(A16)

14. Kalaiselvan,(A17)

15. Kannathasan,(A18)

16. Thiyagarajan,(A19)

17. Dhivakaran,(A20)

18. Vijayarakavan,(A21)

19. Anusiya,(A23)

20. Malathi,(A24)

21. Thamayanthi, (A25) ... Petitioners/Accused Vs The State rep.by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

Crime No.662 of 2021 ... Respondent/Complainant For Petitioners : M/s.CHELLAPANDIAN.S, Advocate.

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

PRAYER :- For Bail in Crime No.662 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who were arrested on 19.10.2021, in connection with the case in Crime No.662 of 2021, registered for the 1/3

offence under Sections 147, 148, 294(b), 324, 336, 506(ii), 307 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that one group of people have arranged to renovate the flag mast of the political parties and other group people objected to renovate the flag mast and having aggrieved over the same, on 18.10.2021, there was a clash between two groups, in which, both the groups assaulted each other and caused injuries to each other and also two police men have sustained injuries in that clash and counter case is registered against each other. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the respondent police and other Government officials appeared at the place of occurrence and asked the petitioners to attend the peace meeting. During the course of peace meeting, other group people scolded the petitioners by abusing their caste name. When petitioners questioned the same, they once again attacked the petitioners. For which, petitioners made a complaint before the respondent police, but without any basis, respondent registered a criminal case against petitioners group. Hence, he prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor submitted that the petitioners are having several previous cases to their credit and also submitted that all the injured persons have been discharged from the hospital. He would further submit that the tension still prevails in the occurrence place and the investigation is yet to be completed.

5.Considering the nature of offence, the antecedents of the petitioners and the gravity of the offence, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/11/2021 / 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.

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TO 1 THE SUPERINTENDENT, SUB JAIL, THIRUVIDAIMARUTHUR.

2 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.17184 of 2021 Date :02/11/2021 SA/VR/SAR.3/24.11.2021/3P/4C 3/3