Kodi Arasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Kodi Arasan ... Petitioner/Accused Rank No.5 Vs The State rep.by, Inspector of Police, Thiruparakundram Police Station, Madurai District.

Crime No.87 of 2023.

... Respondent/Complainant For Petitioner : Mr.B.Arun, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.87 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 10.02.2023, for the offence punishable under Sections 120(b), 147, 302 of I.P.C in Crime No. 87 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant is that due to previous enmity, on 05.02.2023, the accused persons assaulted the deceased with aruval and committed the offence of murder, by causing grievous injuries on his head. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. There is no material to connect the petitioner to the crime. The name of the petitioner do not find place in the FIR and he was unnecessarily roped into the case. The petitioner is in judicial custody from 10.02.2023. Hence, prays to release the petitioner on bail.

4.The learned Additional Public Prosecutor would submit that the petitioner is the close friend of main accused in the case. He is the person, who informed the movement of the deceased to the main accused. It is a case of retaliation murder. The earlier murder was committed on 01.02.2023 and a case in Crime No.74 of 2023 has been registered for that offence. Within a few days, the present murder has been committed by the accused persons on 05.02.2023. Still now, picketing is also in the said area. The investigation is in preliminary stage and if the petitioner is released on bail, there is every possibility for interfering with the investigation. Hence, prays to dismiss the petition.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case and considering the gravity of the offence and the nascent stage of investigation and also considering the overt act attributed against the petitioner, this Court is not inclined to grant bail to him.

7. In view of the above, this Criminal Original Petition stands dismissed.

sd/- 24/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnm TO 1.THE OFFICER IN CHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, THIRUPARAKUNDRAM POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3669 of 2023 Date :24/02/2023 RK/SAR-2(09/03/2023) 3P/4C 3/3