Madras High CourtCRL OP/9405/2021dismissed

Jeyamurugan v. The State Rep. By Its

2021-05-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.05.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9405 of 2021 Jeyamurugan ... Petitioner Vs.

The State rep. by its Inspector of Police, Thiagadurugam Police Station, (Crime No. 228 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in crime No.228 of 2021 on the file of the Inspector of Police, Thiagadurugam Police Station.

For Petitioner : Mr. C.Sivanesan For Respondent : Mr.E. Rajthilak Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 20.04.2021 and remanded to judicial custody for the offences punishable under Section 174 IPC later altered as 302 IPC and 328 IPC in Cr.No.228 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A1 is the wife of the victim and that A1 and A2/petitioner were in a illegal relationship and that with the aid of A2/petitioner, A1 had mixed pesticide in the liquor consumed by the deceased and thereafter, the victim was taken to the hospital however, he died. Hence, the compliant.

3.The learned counsel appearing for the petitioner submits that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that the main allegation is only against A1 and that only based on the confession statement of A1, this petitioner has been arrested. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) submits that A1 is the wife of the victim and that A1 and A2/petitioner were in a illegal relationship and that with the aid of A2/petitioner, A1 had mixed pesticide in the liquor consumed by the deceased and thereafter, the victim was taken to the hospital however, he died. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Since it is alleged that both the petitioner and A1 joined together and mixed the pesticide in the alcohol consumed by the deceased and considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/05/2021 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 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

2 THE INSPECTOR OF POLICE, THIAGADURUGAM POLICE STATION.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.SIVANESAN Advocate on payment of necessary charges CRL OP.9405/2021 Date :20/05/2021 MK:07/06/2021 https://hcservices.ecourts.gov.in/hcservices/