Syed Muhammed, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1401 of 2018 SYED MUHAMMED ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THILLAI NAGAR POLICE STATION, TRICHY CITY.

(CRIME NO.620 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.MITHUNCHAKRAVARTHI, Advocate For Respondent : M/S.K.SUYAMBULINGA BHARTHI, Govt.Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 342, 323, 307 and 302 of I.P.C., in Crime No. 620 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that consequent to the theft committed by the deceased, the petitioner along with other accused, entered into the house of the de facto complainant and assaulted her husband. Thereafter, abduct and committed the offence of murder. Hence, the de facto complainant lodged a complaint before the respondent police, for which, the case has been registered against them.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated in this case, he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) submitted that the investigation is not completed.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner along with other accused assaulted the https://hcservices.ecourts.gov.in/hcservices/

husband of the defacto complainant and committed the offence of murder.

As of now, the investigation is still pending. Considering the nature of offence committed by this petitioner, if this type of accused is enlarged on bail, he may try to tamper the witnesses and hamper the investigation.

6.Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 31/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, THILLAI NAGAR POLICE STATION, TRICHY CITY.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1401 of 2018 Date :31/01/2018 MS/CM-VR/SAR.2/09.02.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/