Sadhanantham @ Murugan @ v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.624 of 2018 SADHANANTHAM @ MURUGAN @ CHETTAN ...PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.
(IN CRIME NO.234/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.LAXMI MAHENDRAA, Advocate For Respondent : M/S.K.SUYAMBULINGA BHARTHI, Govt.Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 01.11.2017 for the alleged offences punishable under Sections 363 and 506(ii) of IPC in Crime No.234 of 2017 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner lodged a complaint before the respondent police alleging that his daughter, namely, Mathi was missing on 28.09.2017 in the Dhasara Festival of Kulasekarapattinam, Mutharamman Temple, Thoothukudi District. Hence, the case has been registered for the above incident.
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 also submitted that the petitioner has not committed any offence as alleged by the prosecution and he is in no way connected with the alleged occurrence. Hence, he prays for granting bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that enquiry reveals that the petitioner along with other accused persons kidnapped the minor girl/defacto complainant's daughter for the purpose of sales. Hence, the petitioner was arrested and remanded to judicial custody on 01.11.2017. He further submitted that the investigation is still pending.
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5. Even though the petitioner is in judicial custody for the past 72 days, the allegation made against the petitioner is that the victim girl was kidnapped from the custody of the guardian for the purpose of selling. So the offence committed by the petitioner is a heinous one. As of now, investigation is not completed. Accordingly, considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 12/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.
2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.624 of 2018 Date :12/01/2018 MS/PM-PN/SAR.2/31.01.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/