Vellaisamy @ Thavudu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12807 of 2016 VELLAISAMY @ THAVUDU ... PETITIONER/ACCUSED No.6 Vs STATE REP BY THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.
IN CRIME NO. 156 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.RAMESH KUMAR Advocate For Respondent : Mr.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.6, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 302 and 201 IPC, in Crime No.156 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that the husband of the de facto complainant was missing from 28.03.2016. On complaint, a case has been registered for the above said offences. 3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. He has nothing to do with the alleged occurrence. Based on the confession of co-accused, he has been falsely implicated in this case. A.1 to A.5 were already arrested and released on statutory bail by the concerned learned Judicial Magistrate vide order dated 08.07.2016.
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4.The learned Government Advocate (Criminal side) submitted that one of the co-accused in this case namely Andikkalai @ Anjalipatti gave confession statement to the police to the effect that the deceased had illicit intimacy with his daughter and on 28.03.2016 at about 12.30 midnight, the deceased went to his house and made torture to his daughter and at that time his relatives attacked the deceased with sticks and he attacked him with a hammer on the back side of the head of the deceased and the present accused came to the place of occurrence and all the accused along with the petitioner put the body of the deceased in a nearby well. Investigation is pending. If the petitioner is released on anticipatory bail, he will tamper the evidence and hamper the investigation.
5.Considering the facts and circumstances of the case and also considering the serious nature of allegation levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed. sd/- 17/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CRL OP(MD) No.12807 of 2016 Date :17/08/2016 smn SD/SK-SKN/24.08.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/