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Madras High CourtCRL OP(MD)/8155/2015dismissed

Sasi @ Sasikumar v. The Inspector Of Police

2015-04-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8155 of 2015 SASI @ SASIKUMAR ... PETITIONER / ACCUSED No.7 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

CR. NO. 100/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.SANKAR PRAKASH Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A7 in Crime No.100 of 2015 on the file of the respondent police, the accused was arrested and remanded to judicial custody on 12.02.2015 for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of I.P.C., and hence, seeks bail. 2.The case of the prosecution is that due to previous enmity, the accused attacked the deceased on 09.02.2015 at 05.30 a.m., and caused his death.

3.The learned counsel for the petitioner submitted that even according to the de-facto complainant the accused attacked the deceased on 09.02.2015 at 05.30 a.m and therefore, the de-facto complainant could not have identified the accused. The learned counsel further submitted the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the petitioner had attacked the deceased with aruval on his shoulder and other parts of the body and the petitioner is having one previous case for offence under Sections 302 of I.P.C.

5.Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Hence, this criminal original petition is dismissed.

sd/- 29/04/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

3 THE OFFICER IN-CHARGE, DISTRICT JAIL, NAGERCOIL. TS/05.05.2015/2P-4C

ORDER

IN CRL OP(MD) No.8155 of 2015 Date :29/04/2015 https://hcservices.ecourts.gov.in/hcservices/