Balamurugan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1329 of 2018 BALAMURUGAN ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

(CR.NO.5 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / A3, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 174 Cr.P.C. @ Section 302 IPC in Crime No.5 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused murdered the deceased. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the investigation is still pending.

5.The submissions made by the learned counsel on either side are considered. It is alleged that during the time of occurrence, due to previous enmity, the petitioner and another one accused committed the murder. As of now, charge sheet has not been filed. https://hcservices.ecourts.gov.in/hcservices/

The case has been registered for the offence punishable under Section 302 IPC. Therefore, if these type of accused persons are enlarged on bail, there may be a chance to tamper the evidence and hamper the investigation.

6.Taking all the above said aspects into consideration and having regard to the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1329 of 2018 Date :29/01/2018 MKV-PM-PN-SAR 1/7.2.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/