Madras High CourtCRL OP/25907/2021dismissed

Arumugam v. State Rep By

2022-01-06Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25907 of 2021 ARUMUGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BHAVANISAGAR POLICE STATION, ERODE DISTRICT.

CRIME NO.305 OF 2021.

For Petitioner : M/S. C.S.SARAVANAN Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 176(3) Cr.P.C. @ Section 302 and 201 IPC in Crime No.305 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the deceased. Further, on 18.10.2021, the petitioner is , alleged to have assaulted the deceased with iron rod and caused death and buried the dead body of the deceased in his land. 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 submitted that the petitioner is aged about 70 years and there is no necessity for him to commit murder of his wife. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submits that the petitioner had assaulted the victim with iron rod and caused death and buried the dead body of the victim in his land. He further submitted that the investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the allegation levelled against the petitioner and also considering the nature of offence committed by the petitioner and the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/01/2022 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, BHAVANISAGAR POLICE STATION, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.25907/2021 Date :06/01/2022 JPA 19/01/2022 https://hcservices.ecourts.gov.in/hcservices/