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Madras High CourtCRL OP/7621/2021dismissed

Elumalai v. The State Rep By

2021-04-23Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Third day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7621 of 2021 1 ELUMALAI [ PETITIONERS / ACCUSED ] 2 RANJITH 3 CHITHRA Vs STATE REP BY: [ RESPONDENT ] THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT CRIME NO.436 OF 2019 For Petitioner : M/S.A.SARANRAJ Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 06.03.2021 for the alleged offences punishable under Section 174(iii) as Man Missing @ 120(B), 302 and 201 of IPC, in Crime No.436 of 2019 on the file of the respondent police. seek bail

2. The case of the prosecution is that the deceased had illicit intimacy with the 3rd petitioner namely Chithra prior to his marriage that Chithra (A-1) lived together in the house belongs to the deceased. After the marriage of the deceased with the defacto complainant, the deceased demanded A1 to vacate his house and the same was refused by the A1. Thereafter, A1 engaged the 1st petitioner and paid a sum of Rs.5,00,000/- along with her son. The petitioners along with other accused persons had murdered the deceased. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners.

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4.The learned Additional Public Prosecutor would submit that the petitioners along with other accused persons had murdered the deceased. Hence, she vehemently opposed grant of bail to the petitioners.

5.Considering the fact that the petitioners have involved in very serious offence, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/04/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.7621/2021 Date :23/04/2021 MK:19/05/2021 https://hcservices.ecourts.gov.in/hcservices/