Ganesan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16466 of 2023 Ganesan ... Petitioner/Accused Rank Not Known

Vs State, represented by The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District. (Crime No.158 of 2023). ... Respondent/Complainant

For Petitioner : Mr.C.Saravana Kumar,

Advocate.

For Respondent : B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.158 of 2023 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/Accused rank not known herein, who was arrested on 24.08.2023 for the alleged offence under Sections 294(b), 324, 307 and 506(ii) of IPC in Crime No.158 of 2023 on the file of the respondent Police, seek bail.

¶2The case of the prosecution is that on 29.07.2023 the accused Nos.1 and 2 came in a drunken mood, quarrelled with the defacto complainant's wife. Due to the above said motive, on 30.07.2023, the accused persons came with aruval, abused the son of the defacto complainant using filthy language, attacked him with aruval, caused grievous injury, pushed him down in the drainage water channel and also threatened him dire consequences. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Only on the basis of the confession statement of the co-accused, the petitioner has been falsely implicated in this case.

4.The learned Additional Public Prosecutor submitted that the petitioner is involved in 16 previous caes.

¶5Reading of the previous case list shows that most of the cases under Sections 302, 307, 379 IPC.

¶6Considering the facts and circumstances of this case and also considering the bad antecedents of this petitioner, this Court is not inclined to grant bail to the petitioner, even though the first accused granted anticipatory bail by the concerned Court. Hence, this petition deserves dismissal and accordingly dismissed.

sd/-

12/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. indu TO 1 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI TIRUNELVELI. 2 THE INSPECTOR OF POLICE KALLIDAIKURICHI POLICE STATION, TIRUNELVLEI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.16466 of 2023 Date :12/09/2023 SSA/DD/22.09.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023