Madras High CourtCRL OP(MD)/23888/2014dismissed

R. Mahendran v. The Inspector Of Police

2015-01-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.23888 of 2014 R. MAHENDRAN ... PETITIONER/ACCUSED Vs STATE.REP.BY THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI CITY, CR.NO.912/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.THANGAIAH Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 306 IPC in Crime No.912 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that this petitioner is a police constable and he is a friend of one another constable by name Murugesan. Murugesan and his wife by name Ananthi were having matrimonial dispute.

3. The learned counsel appearing for the petitioner submits that this petitioner used to give counselling to Ananthi, but, whereas the case of the prosecution is that this petitioner was having an affair with her.

4. Be that as it may, it is seen that Ananthi was found with burns on the fateful day on 08.09.2014 in the house of this petitioner and this petitioner ran out of the house crying that his life is ruined. Thereafter, this petitioner absconded. Ananthi succumbed to injuries and the respondent police registered a case under Section 174 Cr.P.C and subsequently, altered into Section 306 I.P.C. https://hcservices.ecourts.gov.in/hcservices/

5. The Investigating Officer is present and the State has filed a counter, wherein it has been stated that the investigation is in initial stage and the custodial interrogation of the petitioner is necessary.

6. This Court is of the opinion that in a case of this nature, the offence had taken place inside the house of the petitioner and the petitioner has not done anything to save the life of the deceased and in view of the serious allegation against this petitioner, I am not inclined to grant anticipatory bail to this petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.23888 of 2014 Date :06/01/2015 PA/09.01.15/2P/3C https://hcservices.ecourts.gov.in/hcservices/