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Madras High CourtCRL OP(MD)/20937/2022dismissed

Mohanraj v. The Inspector Of Police

2022-11-25Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20937 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20937 of 2022

1. Mohanraj

2. Krishnamoorthy ... Petitioners/Accused No.1&2 Vs The State rep.by, The Inspector of Police, Palani Taluk Police Station, Palani, Dindigul District.

(Crime No.374 of 2022).

... Respondent/Complainant For Petitioners : M/s.Sathya Chidambaram, 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.374 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 01.11.2022 for the offences punishable under Sections 307 of IPC r/w 25 (1A) of Indian Arms Act @ Section 307 and 201 of IPC r/w 25(1A) of Indian Arms Act, in Crime No.374 of 2022 on the file of the respondent police, seek bail. 2.The case of the prosecution is that On 29.10.2022, one Karthick, who is the friend of A1 came to the farm house of one Jegan. The said Karthick and A1 prepared to hunting with unauthorized gun. At that time, the said Karthick questioned about the power of the gun. Suddenly, A1 shot with the gun and caused injury to the said Karthick. The injured was taken to the Government Hospital, Palani, Then he was shifted to Rajaji Government Hospital, Madurai. Hence, the complaint.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20937 of 2022 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioner is in custody from 01.11.2022. Hence, he prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured is still in hospital and taking treatment. Hence, he strongly opposed to grant bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that the injured is still in hospital, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1.THE OFFICER IN CHARGE, DISTRICT PRISON, DINDIGUL, DINDIGUL DISTRICT.

2.THE INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, PALANI, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.20937 of 2022 Date :25/11/2022 RK/VR/SAR-4 (06/12/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2