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Madras High CourtCRL OP(MD)/24373/2015dismissed

Balamurugan v. The Additional Superintendent

2015-12-21Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of December Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.24373 of 2015 BALAMURUGAN ... PETITIONER / ACCUSED No.2 Vs THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION DIVISION, CRIME BRANCH CID, MADURAI, IN VIRUDHUNAGR EAST POLICE STATION, CR NO.168/2005.

... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SUBASH BABU Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.07.2015, for the alleged offences punishable under Sections 302, 397, 404, 380, 506(ii) IPC, in Crime No.168 of 2015 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused murdered one Sheela and her husband on 06.04.2005. After transfer of investigation to CBCID, the petitioner was arrested and remanded to judicial custody. It is the further case of the prosecution that stolen jewels were recovered from the petitioner.

3. The learned counsel for the petitioner submitted that earlier two applications were dismissed by this Court on merits and the petitioner is in judicial custody from 14.07.2015 and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate(Crl.side) would submit that the case was transferred to CBCID and after murdering the deceased, the petitioner took the jewels and cash. He would further submit that charge sheet has been filed in this case.

5.Taking note of seriousness of the offences charged against the petitioner and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed.

sd/- 21/12/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO

1. THE ADDITIONAL SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION DIVISION, CRIME BRANCH CID, MADURAI, IN VIRUDHUNAGR EAST POLICE STATION.

2.

THE SUPERINTENDENT.

CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.24373 of 2015 Date :21/12/2015 CM SH/GSV-AN/SAR-I:28.12.2015:2P/4C https://hcservices.ecourts.gov.in/hcservices/