Madras High CourtCRL OP(MD)/18759/2023withdrawn dismissed

Velmurugan v. The Inspector Of Police

2023-10-18Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM 1.Velmurugan 2.Kodeeswaran ... Petitioners/Accused No.1&2 Vs The State rep.by, The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

Crime No.161 of 2023 ... Respondent/Complainant For Petitioners : Mr.N.Mariappan, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.161 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.10.2023 for the alleged offence punishable under Sections 323, 506(i) IPC and Section 77 of the Juvenile Justice(Care nad Protection of Children)Act in Crime No.161 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant's younger son was studying 9th std and on 24.08.2023, when the son of the defacto complainant was proceeding to the School, he was attempted to commit suicide by hanging himself and he was rescued. When they enquired, he replied that on 19.08.2023, the petitioners herein compelled him to bring Rs.500/- from his house or otherwise, they would inform the police that he was sold ganja. Hence the case. 3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 18.10.2023, hence he seek bail.

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4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioners compelled the minor son of the defacto complainant to consume ganja and also threatened him to bring money and hence, he strongly objected to grant bail to the petitioners.

5.Heard both sides and perused the materials available on record. 6.On perusal of FIR, it is noticed that the petitioners herein compelled the defacto complainant's son to consume poison and not to go to the School. They also threatened him to bring Rs.500/- from his house or otherwise, they would inform the police that he is selling ganja. Due to which, the defacto complainant's son attempted to commit suicide by hanging himself. Fortunately, he was rescued. The allegations levelled as against the petitioners are serious in nature. Hence, this Court is not inclined to grant bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

2.The Officer in charge, Sub Jail, Virudhunagar.

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

ORDER

IN CRL OP(MD) No.18759 of 2023 Date :18/10/2023 RK/VR (03/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4