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Madras High CourtCRL OP(MD)/21709/2015dismissed

Mokkaraj v. The Inspector Of Police

2015-11-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE S.VAIDYANATHAN CRL OP(MD) No.21709 of 2015 1 MOKKARAJ 2 VASIAMMAL .. PETITIONER/ ACCUSED No.1 & 2 Vs STATE THROUGH THE INSPECTOR OF POLICE TALUK POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT.

CRIME NO.230 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SELVENDARAN Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 16.09.2015 for the alleged offence punishable under Section 302 of IPC, in Crime No.230 of 2015 on the file of the respondent police seek bail.

2.The case of the prosecution is that there are totally two accused in this case and there was a dispute between the petitioners and the deceased with regard to partition of the property and the petitioners attacked the deceased in a private parts and thereafter, he admitted in hospital and died after twenty days. 3.The case of the petitioners is that they have no intention to murder the deceased and that the deceased was injured and died in the hospital only after 20 days. The occurrence had taken place on 27.08.2015 and FIR has been registered only on 16.09.2015. 4.The learned Government Advocate (Crl.side) submitted that the investigation is pending and that if the petitioners are released on bail, they will hamper the witnesses and tamper the evidence. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the gravity of the offence, I am not inclined to grant bail to the petitioners. Hence, this Criminal Original Petition is dismissed.

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE,TALUK POLICE STATION, USILAMPATTI TALUK,MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21709 of 2015 Date :18/11/2015 GJM/SKS/RR/SARI-23.11.2015-2P-3C https://hcservices.ecourts.gov.in/hcservices/