Madras High CourtCRL OP(MD)/16404/2022dismissed

Nallusamy v. The Inspector Of Police

2022-09-13Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.09.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16404 of 2022 Nallusamy ... Petitioner/5th Accused Vs The State through The Inspector of Police, Palanichettipatti Police Station, Theni District.

(Crime No.287 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, 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.287 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 08.08.2022 for the offences punishable under Sections 379 of IPC read with Sections 147, 148, 294(b), 323, 324, 302 of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.287 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that there was a wordy quarrel between the first accused and the defacto complainant. when the deceased / father of the defacto complainant has tried to pacify them, the petitioner pushed the deceased with hand in the wordy quarrel and the deceased died.

https://www.mhc.tn.gov.in/judis

3.On the side of the petitioner it is stated that the petitioner is accused No.5 in this case and he is in custody from 08.08.2022, i.e., for the past 35 days. He has accompanied the other accused and he has been falsely implicated in this case and pray the petitioner to be released on bail.

4.The learned Additional Public Prosecutor stated that investigation in this case has been almost over. The petitioner herein has attacked hte defacto complainant in the incident. The petitioner is having one previous cases and pray the petition to be dismissed.

5.Considering the facts and circumstances of this case, this Court is not inclined to release the petitioner on bail. 6.Accordingly, this Criminal Original petition is dismissed. Sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. THE INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT PRISON, THENI.

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

ORDER

IN CRL OP(MD) No.16404 of 2022 Date :13/09/2022 https://www.mhc.tn.gov.in/judis SP/SVR/SAR I/15/09/2022/2P/4C