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Madras High CourtCRL OP(MD)/22284/2015dismissed

Durai@John Darwin Durai v. The Inspector Of Police

2015-12-09Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22284 of 2015 DURAI@JOHN DARWIN DURAI ... PETITIONER / 1ST ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 126/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.C.HEROLD SINGH 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 A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148 and 302 of IPC in Crime No.126 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that both the petitioner and the deceased were councillors and Ward member of Pudukadai panchayat. There was a dispute between the petitioner and the deceased, on 25.03.2015, the accused Nos. 2 and 3 took the deceased in bike for compromising the matter with A1. On 26.03.2015, one Mohankumar informed the wife of the deceased that her husband found dead in front of one Kadancheri Narayanan house.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that due to family dispute, some unknown persons have murdered the deceased. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) submitted that both

the petitioner and the deceased were councillors and due to some previous enmity, the petitioner only arranged the accused and murdered the deceased. He further submitted that investigation of the case is pending.

5. Considering the gravity of offence and also the fact that the petitioner only arranged the accused and murdered the deceased, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.22284 of 2015 Date :09/12/2015 trp SH/GSV-AN/SAR-I:14.12.2015:2P/3C https://hcservices.ecourts.gov.in/hcservices/