Madras High CourtCRL OP(MD)/21614/2023dismissed

T.Ajin v. The Inspector Of Police

2023-12-11Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM

1. T.Ajin,

2. S.Jony, ... Petitioners/Accused No.1&2 Vs The Inspector of Police, Thuckalay Police Station, Kanniyakumari District.

(Crime No.473 of 2023).

... Respondent/Complainant For Petitioners: Mr.R.J.KARTHICK, 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.473 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 06.11.2023 for the alleged offence punishable under Sections 452, 294(b), 324, 307 and 506(2) of IPC in Crime No.473 of 2023, on the file of the respondent police, seek bail. 1/3

2.The case of the prosecution is that on 05.11.2023, at about 04.00 p.m, the accused persons trespassed into the house of the defacto complainant and abused him in filthy language and attempted to kill him by assaulting him with deadly weapons namely, knife & Aruval and caused grievous injuries to him. 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 and the defacto complainant are neighbours and the petitioners are in custody from 06.11.2023, hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that in the absence of the complainant, the accused persons used to go to the house of the defacto complaint and abuse his wife in filthy language. On one occasion, they have damaged the glass of the door and windows of the house. In this regard, a complaint was already lodged by the wife of the complainant against the accused. In such circumstances, even though, the injured was discharged from the hospital, he strongly objected to grant bail to the petitioners.

5. Considering the submission made by the learned Additional Public Prosecutor, this Court is not inclined to grand bail to the petitioners. 2/3

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 11/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

2 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANNIYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21614 of 2023 Date :11/12/2023 SA/JGB/SAR. /22.12.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3