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Madras High CourtCRL OP(MD)/23032/2015dismissed

Rajapandi v. The Inspector Of Police

2015-12-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23032 of 2015 RAJAPANDI ... PETITIONER/ 2nd ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 496/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.S.VAIGUNTH Advocate For Respondent : Mr.K.ANBARASAN Govt. 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 accused 2nd accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,448,294(b),307,506(ii) and 302 of IPC altered into 120(b),147,148,294(b),302 and 307 of IPC in Crime No.496 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the sister of the petitioner married one Ramakrishnan and that marriage was opposed by the petitioner and his brother A1. On 22.06.2015, the accused persons followed the deceased viz., Ramakrishnan, who married his sister. When, the decased and his brother viz., Chandrakannan, who is the de facto complainant, were proceeding in the street, the accused persons waylaid them and attacked with lethal weapons and caused his death and also injury to the de facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner's sister married the deceased, which was not accepted by the petitioner. Due to that motive, the petitioner along with other accused have attacked the deceased and caused his death and also injuries to the de facto complainant. He further submitted that investigation of the case is pending.

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5.Considering the gravity of offence and the also considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 04/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.23032 of 2015 Date :04/12/2015 trp NS/GSV-AN/SAR I/09.12.2015 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/