Tamilalagan @ Pencil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Tamilalagan @ Pencil ... Petitioner / 1st Accused Vs The State through The Inspector of Police, Karur Town Police Station, Karur.

(In Crime No.114 of 2023) ... Respondent / Complainant For Petitioner :

Mr.N.Rajasekar, 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.114 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.02.2023 1/3

for the alleged offence punishable under Sections 294(b), 449, 506(ii) and 302 IPC in Crime No.114 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A1, A2 and the deceased used to consume alcohol in front of the deceased's house. Thereafter, the deceased insisted A1 and A2 not to consume alcohol in front of his house and the same was refused by them. Due to that motive, the accused persons abused the deceased in filthy language and also assaulted him with machete on his head and caused injuries. Due to the same, the deceased died. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 16.02.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner and other accused attacked the deceased brutally and due to the same he died. That apart, the petitioner herein is having seven previous cases. Therefore, he strongly objected to grant bail to the petitioner. 5.On perusal FIR, it is noticed that the petitioner and other accused assaulted the deceased and caused injuries and due to the same, the deceased died. It is also noticed that the petitioner is having seven previous cases. Under these 2/3

circumstances, I find no ground to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 30/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Inspector of Police, Karur Town Police Station, Karur.

2.The Officer Incharge, Sub-Jail, Karur.

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

ORDER

IN CRL OP(MD) No.19009 of 2023 Date :30/10/2023 ED/DD/SAR- (16/11/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3