Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.1834 & 1835 of 2019 1 MURUGESAN 2 BALASUBRAMANIYAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.1834/2019 ILANGO ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.1835/2019 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT CRIME NO.179 OF 2018 ... RESPONDENT/COMPLAINANT IN BOTH THE PETTIIONS For Petitioners : MR.K.M.KARUNAKARAN, Advocate IN BOTH THE PETITIONS For Respondent : MR.A.ROBINSON, Government Advocate(Crl.Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 302, 201, 147, 417 and 376 I.P.C. in Cr.No.179 of 2018 on the file of the respondent police, seek anticipatory bail.
2.It is the case of the prosecution that on 29.10.2018, the defacto complainant's daughter namely, Kasthori aged about 19 years was missing. Then, the respondent police gave C.S.R.No.422 of 2018 and then conducted enquiry and registered a case as women missing in Crime No.179 of 2018 on 30.10.2018. Then, on 31.10.2018 at 07.30 a.m., the defacto complainant received a phone call from one Appadurai and stated that one decomposed body was floating in the Papakanni river bridge. Immediately, the defacto complainant rushed to the spot and identified the decomposed body is his daughter's https://hcservices.ecourts.gov.in/hcservices/
body. Then, the defacto complainant informed to the respondent police and the investigation conducted and the case was altered women missing into Sections 302, 201 IPC in Crime No.179 of 2018. 3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.Side) appearing for the respondent State would submit that the earlier petitions filed by the petitioners for anticipatory bail in Crl.O.P.(MD)Nos.20883 and 21122 of 2018 were dismissed on 04.01.2019 and now, there is no change of circumstance.
5.Considering the facts and circumstances of the case and also considering the serious allegations levelled against the petitioners and suppression of fact that the earlier petitions filed by the petitioner for anticipatory bail in Crl.O.P.(MD)Nos.20883 and 21122 of 2018 were dismissed on 04.01.2019 and now, there is no change of circumstance, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly, these petitions are dismissed. sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1834 & 1835 of 2019 Date :04/02/2019 MYR PK/JC/SAR-1/08.02.2019 :2P/3C https://hcservices.ecourts.gov.in/hcservices/