M. Subbaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.425 of 2015 M. SUBBAIAH ... PETITIONER/ACCUSED NO. 6 Vs STATE REP BY THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DIST, CRIME NO.355/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.MARAN 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 offences punishable under Sections 147, 148, 294(b), 302, 506(ii) and 109 IPC @ 147, 148, 294(b), 302, 506(ii), 109 and 120(b) IPC in Crime No.355 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The case of the prosecution is that one Karthik was in love with Meena, grand daughter of the petitioner herein and that they both eloped on 02.10.2014. On account of this, the family of the petitioner was having grudge against Karthik's family and on the instigation of this petitioner, A1 to A5 went to the house of Srinivasan, brother of Karthik and indiscriminately cut him on 03.10.2014, resulting in his death. Police arrested some of the accused and they have clearly stated in their statement that it was this petitioner, who had engineered the attack and had even come forward to finance the hired killers for executing the job.

4. Learned counsel for the petitioner submitted that the eyewitness has not stated about the presence of the petitioner in the place of occurrence and therefore, this petitioner has been falsely implicated.

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5. However, in view of the serious nature of allegation against this petitioner, I am of the opinion that this is not a fit case to grant anticipatory bail to this petitioner. Hence, the Criminal Original Petition is dismissed.

sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.425 of 2015 Date :22/01/2015 AA/28.01.2015/2p- 3c/ https://hcservices.ecourts.gov.in/hcservices/