Gopinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Gopinath ... Petitioner/Accused No.5 Vs The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

Crime No.186/2023..

... Respondent/Complainant For Petitioner : M/s.Karuna V, 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.186/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who arrayed as accused, was arrested and remanded to judicial custody on 20.11.2023 for the offences punishable under Sections 450, 294(b), 307 and 379 (NH) IPC in Crime No.186 of 2023 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner herein and other accused were unlawfully entered into the house of the defacto complainant and demanded partition and also attacked her with Aruval and picked the Thali Chain from her. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner's name is not found in FIR and seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the victim was assaulted by one Senthilkumar along with two persons. Based on the confession of said Senthilkumar, the petitioner herein was arrayed as accused and the victim is not discharged from the hospital and the petitioner has to be identified through the victim. He would further submit that the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 07/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE THANGACHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.22103 of 2023 Date :07/12/2023 SS/DD/SAR- /21/12/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3