Pathiyanathan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.18288 of 2020 Pathiyanathan ... petitioner Vs.

State: Inspector of Police, ... Respondent Anchetty Police Station, Krishnagiri District.

(Crime No.234 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.234 of 2020 on the file of the respondent. For petitioners : Mr.M.P.Saravanan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 01.10.2020 for the offences punishable under Sections 174 Cr.P.C., @ 302, 201 of IPC, in Crime No.234 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant viz. Selvam, Chinnamalai forest beat officer is that while he was on his usual rounds in the forest, he found half burnt female body aged about 32 to 40 years. Finding suspicion in her death, on his complaint, case was registered. During the course of investigation, it came to light that A1 had illicit intimacy with the deceased for the past six years and he had also received a lot of money from her. When the deceased demanded money, the petitioner along with A1 had taken the deceased to the forest area and committed the murder by pouring kerosene on her and set fire to the body to screen the evidence.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that apart from the alleged https://hcservices.ecourts.gov.in/hcservices/

confession stated to have been recorded while A1 was in police custody, there is no other material to implicate the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that it is a case where the petitioner along with other accused had brutally murdered the deceased and set fire to the body by pouring kerosene to screen the evidence. He would further submit that the investigation is in initial stage. 5.Taking into consideration of the facts and submissions and also considering the nature of offence committed by the petitioner and also the fact that the investigation is in initial stage, this Court is not inclined to grant bail to the petitioner for the present.

6.This Criminal Original Petition stands dismissed accordingly. -sd/- 20/11/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, ANCHETTY POLICE STATION, KRISHNAGIRI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, HOSUR.

CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.18288/2020 Date :20/11/2020 TA-09/12/2020 https://hcservices.ecourts.gov.in/hcservices/