P.Mohan v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.2329 of 2021 P.MOHAN [ PETITIONER / ACCUSED ] Vs STATE BY, [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO. 2/2021.

For Petitioner : M/S.M.PRABHAKAR Advocate For Respondent : M.PRABHAVATHI Addl. Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 05.01.2021 for the offence punishable under Sections 451, 380 and 302 of IPC in Crime No.2 of 2021, seeks bail.

2. The petitioner is the sole accused. The case of the prosecution is that the petitioner and the deceased are relatives. On 02.01.2021, the petitioner went to the house of the deceased, aged about 70 years, who was living alone, and demanded money. Since she refused to give money, the petitioner strangulated her and thereby committed murder and also stolen 3 sovereigns of gold chain and money. Thereafter, based on the complaint given by the relative of the deceased, the case has been registered against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the offence. Due to previous enmity, he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner and the deceased are relatives. On the date of https://hcservices.ecourts.gov.in/hcservices/

occurrence, the petitioner demanded money from the deceased, who is living alone. Since she refused, the petitioner strangulated the deceased by using saree and thereby, committed murder. Thereafter, he has stolen 3 sovereigns of chain and money from the house of the deceased. Investigation in this case is still pending. Hence, she vehemently opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on records carefully.

6. It is a case of murder for gain. A old lady, who was living alone was murdered by the petitioner for jewells and money. Investigation is also yet to be completed. In the above facts and circumstances, this Court is not inclined to grant bail to the petitioner .

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUB-INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S.M.PRABHAKAR Advocate on payment of necessary charges CRL OP.2329/2021 Date :08/03/2021 https://hcservices.ecourts.gov.in/hcservices/ MN-09/04/2021