Madras High CourtCRL OP(MD)/12792/2017dismissed

Anthony Selva Thatheyus v. The Inspector Of Police

2017-10-04Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.12792 of 2017 ANTHONY SELVA THATHEYUS ... PETITIONER / ACCUSED-2 Vs State through THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDIO DISTRICT, CR.NO.615/17 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MOORTHY 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/accused No.2, who was arrested and remanded to judicial custody on 14.08.2017, for the alleged offences punishable under Sections 302, 120(B), 294(b) of IPC., in Crime No.615 of 2017, on the file of the respondent police. Subsequently, the petitioner filed a bail application in Cr.M.P.No.2674 of 2017 before the Principal Sessions Court, Thoothukudi and the same was dismissed. This is the second bail application.

2.The case of the prosecution is that on 20.07.2017, the petitioner along with other accused conspired together and abused the deceased using filthy language and murdered the deceased by pelting stone.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there was group clash and the petitioner is only a driver and he is no way connected with the crime and his name was falsely implicated in this case. 4.Heard the learned Government Advocate (Crl.Side) appearing for the State submitted that there are totally four accused in this case and three of them was arrested and remanded to judicial custody and one is still absconding. The investigation is pending and prayed for dismissal of this petition.

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5.Considering the submission made by the learned Government Advocate (Crl.Side) appearing for the State that the investigation is still pending and considering the gravity of offence levelled against the petitioner, at this stage, the question of granting bail does not arise. Hence, I am not inclined to grant bail to the petitioner and accordingly, this Criminal Original Petition is dismissed.

sd/- 04/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDIO DISTRICT 2 THE SUPERINTENDENT CENTRAL JAIL, PALAYAMKOTTAI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.12792 of 2017 Date :04/10/2017 SM:PN:SAR 2:9.10.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/