Nattamai Perumal @ Perumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12830 of 2016 NATTAMAI PERUMAL @ PERUMAL ... PETITIONER/ACCUSED NO.11 Vs THE STATE REP BY THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT. (CRIME NO.570/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM 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 petitioner, who is arrayed as Accused No.11, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 302, 506(ii) and 120(b) IPC, in Crime No.570 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 28.04.2016, due to previous enmity, the petitioner along with the other accused assembled unlawfully with deadly weapons and attacked the son of the de facto complainant and due to the injuries sustained by him, he died. On complaint, 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. The petitioner is not involved in the alleged occurrence and his name has not been mentioned in the FIR. He has been falsely implicated in this case, based on the confession of other accused. A.12 was already arrested and released on bail by this Court vide order dated 27.06.2016 made in Crl.O.P(MD)No.9474 of 2016. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Criminal side) submitted that the petitioner is the main accused and only at the instigation

of the petitioner, the other accused persons conspired together and murdered the deceased. The petitioner is absconding and absconding charge sheet was filed before the learned Judicial Magistrate No.II, Dindigul, on 13.07.2016 and not taken on file. 5.Considering the facts and circumstances of the case and also considering the serious nature of allegation levelled against the petitioner and that he is the main accused, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 26/07/2016 / 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 DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

RL/3C/2P/SK/SKN/SARIII/5/8/2016

ORDER

IN CRL OP(MD) No.12830 of 2016 Date :26/07/2016 https://hcservices.ecourts.gov.in/hcservices/