Annadurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.2198 & 2217 of 2024 ANNADURAI ... PETITIONER/ACCUSED NO.2 IN CRL OP(MD).2198/2024 1 BALACHANDAR 2 BALASUNDAR 3 KUMARESAN @ KRISHNAMOORTHY ... PETITIONER/ACCUSED NO.1 TO 3 IN CRL OP(MD).2217/2024 Vs THE INSPECTOR OF POLICE CB CID POLICE STATION, THANJAVUR CRIME NO.1 OF 2016 ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS :
For Petitioners :
MR.S.SATHYACHIDAMBARAM, Advocate For Respondent :
MR.B.NAMBISELVAN, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
COMMON PRAYER : FOR BAIL IN CRIME NO.1 OF 2016 ON THE FILE OF THE RESPONDENT POLICE 1/3
COMMON ORDER : The Court Made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 04.01.2024 for the alleged offence punishable under sections 341, 307 @ 302 IPC in Crime No.1 of 2016 on the file of the respondent Police, seek bail.
2. The case of the prosecution is that the deceased Velayutham is the husband of the defacto complainant and Accused No.1's sister was married to the deceased's elder brother. Already, there was a matrimonial dispute between the deceased's elder brother and Accused No.1's sister. Thereby, Accused No.1's sister committed suicide. Due to which, all the accused persons joined together and indiscriminately attacked the defacto complainant and caused severe injuries. Thereby, the deceased lost his life and died. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that though some allegations are made against accused persons, it is alleged that due to instigation of the deceased, the Accused No.1's sister committed suicide. He would further submit that the petitioners are in judicial custody from 04.01.2024 and they are in prison for more than 39 days and accordingly, he prays for bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that initially, the case was registered under Section 307 IPC and subsequently, the defacto complainant filed a petition before this Court for transfer of 2/3
investigation. Thereafter, investigation was transferred to CB CID. He would further submit that the petitioners were secured in a boat illegally travelling from Srilanka to Rameswaram. He would further submit that the investigation is at crucial stage.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioners were secured only on 05.01.2024, this Court is not inclined to grant bail to the petitioners herein.
6. In the result, the Criminal Original Petitions stand dismissed. sd/- 13/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE INSPECTOR OF POLICE, CB CID POLICE STATION, THANJAVUR 2 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) Nos.2198 & 2217 of 2024 Date :13/02/2024 RS/VR/SAR-(16.02.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3