V.Jayapal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN V.Jayapal ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Cholapuram Police Station, Thiruvidaimaruthur Taluk, Thanjavur District.

(Crime No.284 of 2023).

... Respondent/Complainant For Petitioner :

M/s.M.Ezhilarasan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.284 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- This is the third application. The petitioner/Sole Accused herein, who was arrested on 21.06.2023 for the alleged offence under Sections 355, 376(2)(1) of IPC in Crime No.284 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are residing in the same street. The defacto complainant's daughter is deaf and dumb, who is aged about 29 years. She is residing with the defacto complainant. On 1/3

28.03.2023 at about 07.00 p.m. while the defacto complainant returned from work, her daughter embraced her and started crying and on enquiry, she informed her that the petitioner has physically abused her. The said incident was reported to the Panchayat and on the advise of the Panchayat, complaint has been lodged before the respondent police.

3.The learned Additional Public Prosecutor would submit that final report is made ready and will be presented before the concerned Court within short time. He further submitted that the victim girl is a deaf and dumb person. 4.The learned counsel appearing for the petitioner submitted that for more than 180 days, the petitioner is in custody.

5.Even though the petitioner is in custody more than 180 days, considering the physical condition of the victim girl on that ground earlier petition was dismissed by this Court and that there is no change in circumstances, this Court is not inclined to grant relief to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg 2/3

TO 1 THE INSPECTOR OF POLICE, CHOLAPURAM POLICE STATION, THIRUVIDAIMARUTHUR TALUK, THANJAVUR DISTRICT. 2 THE OFFICER INCHARGE, THIRUVIDAIMARUTHUR SUB JAIL, THIRUVIDAIMARUTHUR.

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

ORDER

IN CRL OP(MD) No.20650 of 2023 Date :17/11/2023 RS/DD/SAR-(29.11.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3