Dismissed

Sathiyaraj v. State of Tamil Nadu Rep.by

Madras HC4 Jul 2023CRL OP/13408/2023

Case brief

AI extract

What is this about?

In a bail petition regarding offences under IPC Sections 294(b), 323, 324, 307, and 506(ii) under the Tamil Nadu Prohibition of Women Harassment Act, the court denied bail considering the grave nature of the assault and the victim’s ongoing hospital treatment. The petition was accordingly dismissed.

What did the court decide?

Bail prayed for by the petitioners is denied and their bail petition is dismissed.

Sathiyaraj Vs State of Tamil Nadu Rep.by — Cheating and Forgery | Madras HC (2023)

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Crl.OP.No.13408 of 2023

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Crl.O.P.No.13408 of 2023

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G.CHANDRASEKHARAN.J.,

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The petitioners namely Sathiyaraj and Sabari Nayaki, who were arrested and remanded to judicial custody on 30.05.2023 for the offences punishable under Sections 294( b), 323, 324, 307, 506(ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.239 of 2023 on the file of the respondent police, seeks bail.

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The learned counsel for the petitioners submitted that,

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petitioners are innocent persons and they have been falsely implicated in a case registered for the offence under Sections 294( b), 323, 324, 307, 506(ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act. Petitioners are in Judicial Custody from 30.05.2023. Thus, he seeks bail to the petitioners.

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In reply, the learned Government Advocate (Crl. Side)

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opposes the petition on the ground that, injured victims are still taking treatment in the hospital.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.13408 of 2023

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Considered the rival submissions and perused the records.

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The reading of the FIR allegations shows that, on

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30.05.2023 at about 11.00.a.m., there was a fall of coconut tree branch from the accused' house to the defaco complainant's house. When defacto complainant informed about this to the accused, one Sabari Nayaki responded saying that, defacto complainant may vacate the house. When that was happening, accused persons namely Priya, Sathyaraj and Gowtham came there and started scolding the defacto complainant in filthy language. Defacto complainant's husband Balamurugan and her father-in-law Sundharamurthy intervened and protested against the accused for abusive language. For which, accused Sathyaraj brought aruval and started attacking Balamurugan on his head. Balamurugan suffered injuries on his right and left hand. He was also beaten by Gowtham on his head and anklet using iron rod. Not only that, when defacto complainant's uncle tried to intervene, he was also attacked by the accused persons. Defacto complainant's jacket was torn by Sathyaraj and she was also beaten by Sabari Nayaki and Priya.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.13408 of 2023

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The allegations made in the FIR clearly shows that, defacto

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complainant, her husband Balamurugan and her father-in-law Sundharamurthy were beaten by the accused with the use of deadly weapons. Medical Records shows that, Balamurugan suffered fracture injuries and still taking treatment in the Hospital as in-patient.

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Considering the nature and gravity of the offence committed

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by the accused persons and that the injured Balamurugan suffered fracture injuries and still taking treatment in the hospital, this Court is not inclined to grant bail to the petitioners.

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Accordingly, this Criminal Original Petition is dismissed.

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04.07.2023

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Sma

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Crl.OP.No.13408 of 2023

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G.CHANDRASEKHARAN. J.

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Sma

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Crl.O.P.No.13408 of 2023

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04.07.2023

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Sathiyaraj v. State of Tamil Nadu Rep.by

Case brief

What is this about?

What did the court decide?

Sathiyaraj v. State of Tamil Nadu Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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