M.Selvaraj, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 21/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8730 of 2019 M.Selvaraj ... Petitioner/Accused No.12 Vs State rep.by The Sub-Inspector of Police, Sethur Police Station, Virudhunagar District.
Cr.No.81 of 2019. ... Respondent/Complainant For Petitioner : M/s.D.Anbarasu, Advocate.
For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.81 of 2019 on the file of the respondent Police.
ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148 and 302 of IPC, in Crime No.81 of 2019, seeks anticipatory bail.
2. Heard both sides.
3.The learned counsel appearing for the petitioner has submitted that as per the FIR, the defacto complainant's husband namely, Basha @ Madasamy, who was involved in the murder of Pasupathi Pandian before 7 years and further, he has so many cases in all over the southern Districts. On 25.03.2019, Basha @ Madasamy went to the nearest place of Chokkanathanputhur, to do his work, at that time, some known persons were murdered by the defacto complainant's husband. The FIR has been registered by the respondent police in the above said Cr.No.81 of 2019. He further submitted that https://hcservices.ecourts.gov.in/hcservices/
based on the confession of one Kannabiran/A1, who was arrested by the respondent police in Cr.No.5 of 2019, the petitioner has been falsely implicated in this case, and hence, he prayed for anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent has submitted that in the confession given by A1, he has stated that he conspired with the present petitioner for committing murder of Basha @ Madasamy and the petitioner also gave promise that he will watch the movement of said Basha @ Madasamy and inform to him. He further submitted that the custodial interrogation of the petitioner is absolutely necessary. Hence, he opposed this petition. 5.Considering the submission of the learned Additional Public Prosecutor that A1 conspired with the present petitioner for committing murder of Basha @ Madasamy and the custodial interrogation of the petitioner is necessary, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this petition is dismissed.
sd/- 21/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.The Sub-Inspector of Police, Sethur Police Station, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.ANBARASU, Advocate ( SR-10202[I] dated 21/06/2019 )
ORDER
IN CRL OP(MD) No.8730 of 2019 Date : 21/06/2019 dss TK/PN/SAR.4/01.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/