Valarnath v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CRL OP(MD) No.7057 of 2019 VALARNATH ... PETITIONER / 2nd ACCUSED Vs THE STATE BY THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI DISTRICT.

Crime No.109 of 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J. SENTHIL KUMARAIAH Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) 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 on 28.02.2019, for the alleged offence punishable under Sections 147,148,363,302 of IPC in Crime No. 109 of 2019 on the file of the respondent police seeks bail.

2.The case of the prosecution is that the deceased was studying B.Sc., (I.T) third year in P.M.T.College at Usilampatti and he was staying in his grand mother house at Valayapatti and attending the college. It is the further case that the deceased was having illegal contact with one one Indira who was already married and close relative to first accused. Hence the defacto complainant shifted his son to Madurai. On 20.02.2019, the deceased has not returned from the college, thereafter the first accused and his relatives approached the defacto complainant to hand over Indhira and her children and threatened him., Thereafter on 27.02.2019, the petitioner along with others attacked the deceased with deadly weapons and the injured was taken to hospital, where it was stated that the injured died. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. He would also submit that there is no specific overt act attributed against this petitioner. He would also submit that no other case is pending against the petitioner and hence, he would pray for bail. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that there is specific overt act against the petitioners and investigation is not yet completed. Hence she objected for grant of bail.

5.Considering the facts and circumstances of the case and considering the fact that the offence committed by the petitioners is grave in nature, this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 22/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI 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.7057 of 2019 Date :22/05/2019 TK/VR/SAR-1/27.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/