Rajapandi v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.19895 of 2015 RAJAPANDI ... PETITIONER/ 2nd ACCUSED Vs THE INSEPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, TUTICORIN DISTRICT, IN CRIME NO.496/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.R.ANAND FOR M/S V.MAHARAJAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under sections 147, 148, 448, 294(b), 307, 506(ii) and 302 of I.P.C, in Crime No.496 of 2015, seeks anticipatory bail.

2.The case of the prosecution is that on 22.06.2015, at about 8.00 p.m., the petitioner and other accused attacked the deceased Ramakrishnan with lethal weapons and due to which, the deceased died on the spot. Hence, the case has been registered in Crime No.496 of 2015 for the offences stated above.

3.The case of the petitioner is that the deceased is the sister's husband of the petitioner. Both the deceased and the petitioner's sister fell in love with each other and got married. After the marriage, there is no contact between the petitioner and the deceased. The marriage was solmenized in the year 2011. After four years, the deceased was murdered by unidentified persons and the petitioner is innocent and he has been falsely implicated in this case and at the time of occurrence, the petitioner was in police station on petition enquiry and he was not in the scene of occurrence.

4.The learned Government Advocate (crl. Side) appearing for the State submitted that the petitioner and other accused have attacked the deceased and caused death, due to which, the deceased died. The petitioner's sister and the deceased were fell in love with each other and got married, due to that motive, the accused attacked the deceased and murdered him. He would further submit that A1 and A3 were detained under 'Goondas' Act.

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5.The learned counsel for the petitioner would submit that the investigation is over and the charge sheet has already been made ready and the custodial interrogation of the petitioner is not necessary. He would further submit that this Court granted anticipatory bail to A8 on 24.07.2015 in Crl.O.P.(MD)No.14192 of 2015.

6.Taking into consideration of the facts and circumstances of the case and also considering the gravity of the offence, this Criminal Original Petition is dismissed.

sd/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSEPECTOR OF POLICE,KOVILPATTI EAST POLICE STATION, TUTICORIN DISTRICT, 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19895 of 2015 Date :24/11/2015 GJM/PM/MP/SAR-II-9.12.2015-2P-3C https://hcservices.ecourts.gov.in/hcservices/