K.Raja, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3895 of 2018 K.RAJA, ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR DISTRICT.
(CR.NO.134 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.ARUMUGAM Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 31.12.2017 for the alleged offence punishable under Section 302 of IPC., in Crime No.134 of 2015, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent that his wife was missing, thereby, initially, a case was registered for Woman Missing. Thereafter, based on the telephonic conversation between the deceased and the accused, the respondent police altered the Section into 302 of IPC., and arrested the accused and remanded to judicial custody. Based on the confession given by A1, the petitioner/A2 was arrested and remanded to judicial custody on 31.12.2017.
3. The learned counsel representing the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is the auto driver and he has no intention to murder the deceased. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that totally there
are 3 accused involved in this case. He further submitted that since the murder had taken place at Perungalathur, the FIR pertaining to this case is transferred to the Peerkankaranai Police Station.
5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, the petitioner and other two accused with intention to kill the deceased, strangulated her and committed the murder. Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal side) made representation that the said FIR pertaining to this case is transferred to the Peerkankaranai Police Station.
6. The said submission made by the learned Government Advocate (Criminal side) is recorded. Accordingly, since this Court is not having any jurisdiction, this Criminal Original Petition is closed. sd/- 16/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PJL TO 1 THE INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE SUPERINTENDENT,CENTRAL JAIL, TRICHY GJM/CM/VR/SAR-I-22.3.18-2P-4C
ORDER
IN CRL OP(MD) No.3895 of 2018 Date :16/03/2018 https://hcservices.ecourts.gov.in/hcservices/