Esakkimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.15600 of 2023 Esakkimuthu ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

Crime No.221 of 2023..

... Respondent/Complainant For Petitioner : M/s.Siva Sankar M, Advocate.

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

PRAYER :- For Bail in Crime No.221 of 2023 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 17.08.2023 for the offences punishable under Section 294(b),353, 506(ii) of IPC and Section 25(1-A) of Arms in Crime No.221 of 2023 on the file of the respondent Police, seek bail.

2. The learned counsel appearing for the petitioner would contend that the petitioner has not committed any offence as alleged by the respondent police and due to previous enmity between the petitioner and the defacto complainant a false case has been foisted against him. The petitioner was arrested and remanded to judicial custody on 17.08.2023 and he is still in judicial custody, hence he may be granted bail.

3. The learned Additional Public Prosecutor appearing for the respondent would contend that the petitioner showing aruval criminally intimidated the defacto complainant and others and also prevented them from discharging their official duty. He would further submit that two previous cases are pending against the petitioner, of which one is under 302 of IPC, hence he strongly objected to grant bail to the petitioner.

4. Heard both side and perused the materials available on record.

5. Considering the rival submissions on either side and considering the nature of offence and also taking into consideration the previous cases are pending against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage.

6. Hence the petition stands dismissed.

sd/- 28/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1 THE SUPERINTENDENT, PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI.

2 THE INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15600 of 2023 Date :28/08/2023 SSA/VR/30/08/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023