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Madras High CourtCRL OP(MD)/23530/2015dismissed

S. Velmurugan v. The Inspector Of Police

2015-12-11Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23530 of 2015 S. VELMURUGAN ... PETITIONER/ ACCUSED Vs THE STATE OF TAMIL NADU REPRESENTED BY THE INSPECTOR OF POLICE, ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 632 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.J.JOHN JAYAKUMAR 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 accused, in Crime No.632 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 20.11.2015 for the alleged offences punishable under Sections 323,324 and 506(ii) of IPC @ 302 of IPC and hence, seeks bail.

2. The case of the prosecution is that on 07.11.2015 at 3.15 pm, the petitioner was assaulted the defacto complainant with Thennamattai and caused severe injuries and subsequently, he died. Hence, the present case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is aged about 86 years and he has not committed any offence as alleged by the prosecution and on false complaint, he was arrested and remanded to judicial custody from 20.11.2015.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner is sole accused and he is having six previous cases. He further submitted that he was only aged about 63 years and the investigation is pending and hence, he vehemently opposed to grant bail to the petitioner.

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5. Considering the facts and circumstances of the case and also considering the fact that the petitioner assaulted the deceased with Thennam mattai and caused death and the petitioner is having six previous cases, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

2 THE OFFICER INCHARGE, SUB-JAIL, NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.23530 of 2015 Date :11/12/2015 trp NS/SKS-RR/SAR I/16.12.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/