Madras High CourtCRL OP/12290/2021dismissed

Kaliyamurthy v. State Rep.By

2021-07-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12290 of 2021 KALIYAMURTHY [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, EDAIKKAL POLICE STATION, KALLAKURICHI DISTRICT, CR.NO.135 OF 2021.

For Petitioner : M/S. C.PRABHU Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 01.05.2021 for the offence punishable under Section 302 of IPC in Crime No.135 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that on 28.04.2021 his mother found her sister, who is the deceased, sustained grievous injuries on her head and all over the body near her house. She was admitted in Rajiv Gandhi Government Hospital, Chennai and on the same, she died.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and the petitioner is lease holder of the deceased family's agricultural land and the girl(deceased) was having love affair with one Balakrishnan and the deceased family also opposed the relationship with him and her family members suspected the love of the deceased. The petitioner is no way connected with the above said offences and he is in judicial custody from 01.05.2021 onwards. Hence, he prays to grant bail.

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4. The learned Government Advocate submitted that the petitioner was tried to misbehave with the deceased on 28.04.2021. When she objected for the same, he attacked the girl with wooden log and thrown her body to thorn grove. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner and considering the objection made by the Government Advocate, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/07/2021 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 INSPECTOR OF POLICE, EDAIKKAL POLICE STATION, KALLAKURICHI DISTRICT.

2 THE SUPERINTENDENT CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.PRABHU Advocate on payment of necessary charges CRL OP.12290/2021 Date :16/07/2021 CSK 26/07/2021 https://hcservices.ecourts.gov.in/hcservices/