Ajithkumar v. The Inspector Of Police

CRL OP(MD). No.4442 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4442 of 2020 Ajithkumar ... Petitioner/ Accused No.1 Vs The State rep.by Inspector of Police, Gudalur North Police Station, Theni District, In Crime No.32 of 2018. ... Respondent/Complainant For Petitioner : M/s.S.Sundarapandian, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.32 of 2018 on the file of the Respondent Police ORDER : The Court made the following order :- This petition has been filed by the petitioner/ accused seeking bail for the alleged offence under Sections 302 r/w.34 and 201 of IPC.

2.It is case of murder and screening of evidence. According to the prosecution the petitioner herein along with co-accused Praveen Kumar due to previous enmity has attacked the deceased with deadly weapon and screened the offence by taking the body of the deceased to the river bed and buried. Initially the police registered a case under Section 'Man Missing' and took the investigation. The investigation revealed that the petitioner is suspecting the deceased as cause for the death of his 13 pet dogs died in a suspicious manner has trapped the deceased, offered drink and when he was in semi conscious stage he stabbed the deceased and buried the body to screen the crime.

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CRL OP(MD). No.4442 of 2020

3. The learned counsel for the petitioner would submit that the petitioner is in custody for more than 240 days and the coaccused had already been released on bail. Investigation is already completed and final report was also filed hence there is no impediment in releasing the petitioner on bail. 4.Per Contra, the learned Government Advocate(Criminal Side) opposed the bail stating that after committing the gruesome murder the petitioner has screened the crime by burying the deceased person. This petitioner is already having very bad antecedent of 8 previous case out of which two are murder case. When the previous murder case is pending and during the enjoyment of bail in those cases, this petitioner has committed grievous crime of murder. If the petitioner is released on bail, there is possibility of recurrence of similar crime again.

5. This Court is in full agreement with the submission made by the learned Government Advocate(Crimianl Side)

6. Hence, this bail petition stands dismissed. sd/- 12/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4442 of 2020 Date :12/03/2020 AAV SRS/ JC/ SAR-III/ 17.03.2020/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/