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Madras High CourtCRL OP(MD)/20439/2015dismissed

Arumugam v. The Inspector Of Police

2015-12-08Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20439 of 2015 ARUMUGAM ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY ITS, THE INSPECTOR OF POLICE, ATCHAN PUDUR POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO.222/2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S S.R.DURAI RAJ ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A6, apprehending arrest at the hands of the respondent police, for the alleged offences punishable under Sections 147, 323, 365 of IPC altered into 147, 323, 365 and 302 of IPC, in Crime No.222 of 2015, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused married one Velladurachi on 02.02.1998. Due to the dispute, both are living separately. At that time, one Rajagopal @ Sandiyar got relationship with the Velladurachi. Due to the personal enmity, the deceased Rajagopal @ Sandiyar acted against the first accused. Due to the act of the deceased, the first accused and other accused kidnapped the deceased and murdered him.

3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. This petitioner name is not mentioned in the FIR and his name has been falsely implicated in this case. This petitioner is the relative of A1. The allegation against the petitioner is that after the occurrence, the accused persons went to the petitioner's house. Apart from that, nothing was stated against the petitioner. 4.The learned Government Advocate(Crl.side) submitted that the accused Nos.1 to 5 were surrendered before the learned Judicial Magistrate, Shencottah and remanded to judicial custody. https://hcservices.ecourts.gov.in/hcservices/

Investigation is pending.

5. Considering the gravity of offence and investigation is pending, I am not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 08/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ATCHAN PUDUR POLICE STATION, TIRUNELVELI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.20439 of 2015 Date :08/12/2015 AM TE/AAL-MPA/SAR-I : 16/12/2015 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/