Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MURUGAN ... PETITIONER/ ACCUSED NO.3 Vs THE INSPECTOR OF POLICE ERAL POLICE STATION, ERAL, THOOTHUKUDI DISTRICT.

(CRIME NO.332 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.MUTHURAKKAN, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO.332 OF 2017 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A3, who is facing trial for the offences punishable under 1/3

Sections 147, 148, 149, 294(b), 341, 302, 120(b), 109 and 34 of IPC, in S.C.No.136 of 2023 on the file of the learned I Additional District and Sessions Court, Thoothukudi, in Crime No.332 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the brother-inlaw of the deceased, on 22.10.2017, at about 10.30 p.m., the defacto complainant has lastly seen the deceased and at that time, it was informed by the deceased that he was going to irrigate his land. Since he did not return to his house till 12.15 a.m., the defacto complainant went to the land and found that the deceased died with cut injuries. Hence the case.

3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.18530 of 2023, was dismissed by this Court on 16.10.2023. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case. 2/3

5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 30/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE INSPECTOR OF POLICE ERAL POLICE STATION, ERAL, THOOTHUKUDI DISTRICT.

2.THE OFFICER IN CHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :30/01/2024 RK/JGB (05/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3