Miyan @ Syed Jahkir Hussian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22531 of 2015 MIYAN @ SYED JAHKIR HUSSIAN ... PETITIONER / ACCUSED No.4 Vs State by THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

IN CRIME NO. 447 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.KARUNANITHI Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A4, in Crime No.447 of 2015 on the file of the respondent police, was arrested on 13.10.2015 for the alleged offences punishable under Sections 120(B), 147, 148 and 302 of I.P.C., and hence, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons conspired together and caused death of the deceased.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and his name is falsely implicated only on the ground that he helped the other accused to surrender before the Court and the petitioner is a thyroid patient and he need proper medical treatment . He further submitted that the deceased is a rowdy element and 20 previous cases are pending against him and due that enmity, the deceased was murdered by some unknown persons. 4.The learned Public Prosecutor submitted that there is a specific overt act attributed to the petitioner and only the petitioner attacked the deceased and caused fracture and subsequently, he died. He further submitted that the investigation is pending. The petitioner is having one previous case.

5.Considering the gravity and seriousness of the offence and the petitioner is also having one previous case and the investigation is pending, I am not inclined to grant bail to the petitioner. Hence, this petition is dismissed.

sd/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 2 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

sm:AMF:SAR II:15.12.2015:2P/4C

ORDER

IN CRL OP(MD) No.22531 of 2015 Date :07/12/2015 https://hcservices.ecourts.gov.in/hcservices/