Senthurpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4603 of 2019 SENTHURPANDI ... PETITIONER / ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT.
CRIME NO.22/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.KA.RAAMAKRISHNAN Advocate For Respondent : MR.S.CHANDRASEKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 08.02.2019 for the offence punishable under Sections 294 (b) and 302 IPC in Cr.No.22 of 2019, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is the husband of a deceased person/wife. Out of their wedlock, they have blessed with two children. One child is studying in the Medical College. Another child is studying in an Engineering College. The young maternal aunt of the deceased have a own house and she has no issues. The petitioner has forced the deceased to get the property from the young maternal aunt. However, the deceased person not able to secure the house property, for which the petitioner forcibly attacked the deceased with aruval on her head and smashed her head. The deceased died on the spot. Hence, this complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that at that time of occurrence, there was a frequent quarrel between the petitioner and the defacto complainant. Due to this reason, the https://hcservices.ecourts.gov.in/hcservices/
petitioner attacked the deceased and he has no intention to murder the deceased. Hence, he prayed for bail for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is still pending and viscera report has yet not been filed. The petitioner with intention to grab the property belongs to the defacto complainant old lady, he murdered the deceased. Hence he objected for grant of bail.
5.Considering the facts and circumstances of the case and considering the fact since the petitioner was brutally murdered his wife/deceased in order to grab the property, this Court is not inclined to grant bail to the petitioner.
6. Hence the bail petition is dismissed.
sd/- 04/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT 2 THE OFFICER IN-CHARGE DISTRICT PRISON, PERURANI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.4603 of 2019 Date :04/04/2019 MSI/VR/SAR 1/10.04.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/