Selvaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.4481 of 2021 Selvaraj ... Petitioner/A2 Vs The State rep by The Inspector of Police, Uthamapalayam Police Station, Theni District Cr No. 1292/2020 ... Respondent/Complainant For Petitioner : Mr.Veera Kathiravan, Senior Counsel for M/s.Veera Associates, For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1292 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174 Cr.P.C., altered into Sections 302 and 201 IPC in Crime No.
1292 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 14.06.2020, one male dead body was found with half burn injuries at Edayankulam, without any identification. After investigation, it was found that the deceased was the husband of A1. A1 had illicit intimacy with the petitioner herein and due to the same, A1 along with the petitioner herein attacked the deceased and strangled him with towel and poured petrol and set fire. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been wrongly implicated in this case. A1 was working in brick kiln owned by the petitioner herein. A1 and her husband often entered into a quarrel and there is no role to the petitioner in the alleged occurrence. Hence, he would pray to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed this petition by stating that the
petitioner and A1 had illegal intimacy and the same was objected by the husband of A1. Hence, A1 with the help of the petitioner herein attacked the deceased and strangled with towel. 5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police. 6.It is seen from the submission that on 14.06.2020, an unidentified body was found. Later, on DNA test, it was identified that the deceased is the husband of A1 Muthumari. It is also came to light during the course of investigation that the petitioner had illicit intimacy with A1. Initially A1 was working in the brick kiln of the petitioner and after coming to know about the illicit intimacy of A1 with the petitioner, the husband of A1 prevented her to go work. However, the illicit relationship continued between them.
On the date of occurrence, the deceased picked up quarrel with A1 under the influence of alcohol and subsequently, both the accused attacked the deceased and strangled him with towel. The specific allegation against the petitioner is that he took the body for disposal. Later, the body was found in burnt condition. 7.This is a case where only if the petitioner is apprehended and enquired, it will come to light how the body was found in burnt condition. Investigation in this case is not yet completed for the reason that the petitioner is absconding from the arrest. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
sd/- 15/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.VEERA ASSOICATES Advocate SR.No.3118 ORDER IN CRL OP(MD) No.4481 of 2021 Date :15/04/2021 SMA/PN/SAR-2/20.04.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/