Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11929 of 2016 PRABHU ... PETITIONER / SOLE ACCUSED Vs STATE REB.BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, IN CR.NO. 312/2016 RAMANATHAPURAM DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SUBASH BABU Advocate For Respondent : M/S.P.KANNITEHVAN 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 accused was arrested and remanded to judicial custody on 20.04.2016 for the alleged offences punishable under Sections 302, 380 and 488 of IPC in Crime No.312 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner murdered the deceased and took 9 sovereigns of gold chain which deceased as wearing on 20.04.2016. On complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the there is a previous motive between the petitioner and the defacto complainant, due to which, a false case has been foisted against the petitioner and prays for enlarging the petitioner on bail.

4. The learned Government Advocate (Crl. Side) submitted that this is a murder for gain and he is having three following previous cases:

1. Crime No.207/2013, U/s. 294(b), 323 in Devipattinam PS

2. Crime No. 157/2015 U/s. 294(b), 323 and 506(i) of IPC Devipattinam PS

3. Crime No.150/2016 U/s. 307 IPC and 4 of WH Act in Devipattinam PS https://hcservices.ecourts.gov.in/hcservices/

He further submitted that if the petitioner is enlarged on bail he will tamper the witness and hamper the investigation and indulge in similar offenses and prayed for dismissal of this petition. 5.Considering the serious nature of allegations levelled against the petitioner, this Court is not inclined to enlarge the petitioner on bail.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 18/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

ORDER

IN CRL OP(MD) No.11929 of 2016 Date :18/07/2016 SDR/SKS-RR/SAR I/25.07.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/