Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11297 of 2016 1 MURUGESAN 2 LATHA 3 NAGASAMY 4 ILAYARAJA ... PETITIONERS/ACCUSED NOS.3 TO 6 Vs THE INSPECTOR OF POLICE ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.185/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.3 to 6, apprehend arrest at the hands of the respondent police for the offence punishable under Section 306 IPC, in Crime No.185 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that there was enmity between the families of the deceased and his brother A.1 Nagasamy. On 03.07.2016, the deceased abused A.1 in filthy language. Due to that, the petitioners along with the other accused attacked the deceased with aruval and wooden log. The deceased lodged a complaint before the respondent police and on the next day morning i.e., on 04.07.2016 at about 04.00 a.m., the deceased committed suicide by consuming poison. On complaint, case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Due to dispute between the families of the deceased and A.1, a false complaint has been given against the petitioners.

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4.The learned Government Advocate (Criminal side) submitted that due to the dispute between the families of the deceased and A.1, the petitioners attacked the deceased and for that the de facto complainant has given a complaint and the petitioners induced him and due to that, he committed suicide by consuming poison and investigation is in preliminary stage.

5.Considering the serious nature of allegation levelled against the petitioners and the deceased committed suicide only on 04.07.2016 and investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly this petition is dismissed.

sd/- 11/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S V.KANNAN Advocate SR.No.35869 RL/4C/2P/SKS/RR/SARII/15/7/2016

ORDER

IN CRL OP(MD) No.11297 of 2016 Date :11/07/2016 https://hcservices.ecourts.gov.in/hcservices/