Lakshmanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13917 of 2017 LAKSHMANAN ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VEERA CHOLAN POLICE STATIION, VIRUDHUNAGAR DISTRICT.

CR.NO.56/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.VEERA KATHIRAVAN SENIOR COUNSEL FOR M/S.VEERA ASSOCIATES 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/A2, who was arrested and remanded to judicial custody on 10.09.2017, for the alleged offences punishable under Sections 147, 148, 294(b), 341, 302 and 120(b) of IPC., in Crime No.56 of 2017, on the file of the respondent police seeks bail. 2.The case of the prosecution is that the defacto complainant's husband was working as a Over Tank Operator of Veera Cholan Village Panchayat and also an office bearer of a political party. On 08.09.2017, at about 9.35 p.m., her husband received a phone call about the leakage of the overtank and he went to attend the repair work.

At that time, she also followed her husband and found that due to previous enmity A1 and the petitioner/A2 attacked her husband with knife and aruval and other accused persons instigated them to murder her husband and in front of her, the deceased sustained grievous injuries and lost his life. On seeing this, she gave a complaint to the law enforcing agency. Based on the complaint, a case has been filed for the above said offences. 3.The learned senior counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is A2 and being the friend of A1, he was falsely implicated in this case. Moreover, A2 was not present in the place https://hcservices.ecourts.gov.

of occurrence and he is no way connected with the crime and hence, he prays for bail.

4.The learned Government Advocate (Crl.Side) appearing for the State submitted that there are three previous cases against the petitioner, out of which two cases were registered under Section 307 of IPC and one case was registered under Arms Act. He further submitted that the investigation is in preliminary stage and if the petitioner is released on bail there is a possibility of tampering evidence and objected to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and gravity of the offence committed by the petitioner and since the petitioner is having three previous cases, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL TO 1 THE INSPECTOR OF POLICE VEERA CHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.32833 GJM.RR/BS/SAR-2-26.10.2017-2P-5C

ORDER

IN CRL OP(MD) No.13917 of 2017 Date :13/10/2017 https://hcservices.ecourts.gov.in/hcservices/