Madras High CourtCRL OP/20944/2021dismissed

Sabarinathan v. State By

2021-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20944 of 2021 PRC NO.7 OF 2021 (ON THE FILE OF THE JUDICIAL MAGISTRATE KUMARAPALAYAM, NAMAKKAL DISTRICT) SABARINATHAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUMARAPALAYAM POLICE STATION, NAMAKKAL.

CR NO. 429/2021.

For Petitioner : M/S. E.P.SENNIYANGIRI Advocate For Respondent : MR.S.SUGENDRAN, GOVERNMENT 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 12.06.2021 for the alleged offences punishable under Section 302 of IPC, in Crime No.429 of 2021, on the file of the respondent police, seeks bail.

2. This is the fifth bail application filed before this Court. The case of the prosecution is that the petitioner has murdered his wife namely Tharanidevi by strangulation in order to maintain his illicit intimacy with his college mate and thereby committed the offence. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 12.06.2021. Therefore, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that the petitioner's first bail application was dismissed by this Court in Crl.O.P.No.14536 of 2021 dated 17.08.2021. The petitioner's second bail application was withdrawn as dismissed in Crl.O.P.No.16996 of 2021 dated 16.09.2021. The petitioner's third bail application was dismissed in Crl.O.P.No.18278 of 2021 dated 30.09.2021. Again, the petitioner's fourth bail application was dismissed in Crl.O.P.No.1981 of 2021 dated 08.10.2021. He further submitted that the investigation has been completed and the charge sheet has also been completed and there is no change of circumstances. Hence, he vehemently opposed for grant of bail to the petitioner.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/11/2021 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 JUDICIAL MAGISTRATE, KUMARAPALAYAM, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUMARAPALAYAM POLICE STATION, NAMAKKAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S. E.P.SENNIYANGIRI Advocate on payment of necessary charges CRL OP.20944/2021 Date :09/11/2021 https://hcservices.ecourts.gov.in/hcservices/ TA-19/11/2021