R.Manikandan @ Bottle Mani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.10.2023 PRESENT The Hon`ble Mr.Justice R.SAKTHIVEL R.Manikandan @ Bottle Mani ... Petitioner / Accused No.2 Vs State rep. by The Inspector of Police, Bodinayakkanur Police Station, Theni District.

(Crime No.337 of 2023).

... Respondent / Complainant For Petitioner :

Mr.D. Rajaboopathy, Advocate For Respondent :

Mr.A. Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 337 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / A2, who was arrested and remanded to judicial custody on 09.10.2023 for the alleged offences under Sections 147, 148, 294(b), 323, 324, 307 and 1/4

506(ii) IPC in Crime No.337 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.09.2023, at the time of Vinayagar procession there was a quarrel between the de-facto complainant's side and petitioner's side. Due to the prior enmity on 08.10.2023 at about 4.15 p.m., the petitioners along with other accused had used filthy language against the de-facto complainant. The petitioner herein and other accused attacked the defacto complainant with stone and knife and caused injuries and also threatened the defacto complainant with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioner is innocent and they have not committed any offence as alleged by the prosecution and his names have been falsely implicated in this case. He further submitted that the petitioner is in judicial custody for the past 17 days. Accordingly, he prayed to grant bail.

4.The learned Additional Public Prosecutor submitted that due to previous motive, there was a wordy quarrel arose between the parties and that the petitioner herein and other accused attacked and thereby caused injuries to the defacto complainant. Now, the injured has been discharged from the hospital. He further submitted that the petitioner herein has two previous cases in Crime Nos.616 of 2017 and 219 of 2023 on the file of the Bodi Taluk Police Station. Further, he 2/4

submitted that the investigation is not completed. Accordingly, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the records.

6. Petitioner has two previous cases. In view of the antecedents of the petitioner, if the petitioner is released on bail, he will threat the witnesses and thereby, delay the investigation. In view of the nature and manner of the offence allegedly committed by the petitioner, nature of the weapons allegedly used by the petitioner and the nature of the injury allegedly caused to the defacto complainant, this Court is of the considered view that if bail is granted to the petitioner, he will cause threat to the witnesses and there is every possibility for delaying the investigation. Hence, this Court is not inclined to grant bail to the petitioner for the time being.

7. In the result, this Criminal Original Petition is dismissed. sd/- 26/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

To 1.The Inspector of Police, Bodinayakkanur Taluk Police Station, Theni District.

2.The Officer Incharge, District Jail, Thegampatti, Theni District.

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

ORDER

IN CRL OP(MD) No.19292 of 2023 Date :26/10/2023 ED/VRS/SAR- (02/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4