Pandikarthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Pandikarthick ... Petitioner/Accused No.2 Vs State Rep. by The Inspector of Police, Alanganallur Police Station, Crime No.71/2021.

... Respondent/Complainant For Petitioner : Mr.Parthiban.M.S., Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 71 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 03.03.2021 for the offences punishable under Sections 302 and 394 of IPC, in Crime No.71 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 22.02.2021 at about 3.00 a.m the defacto complainant came to know that his son namely Yuvaraj suffered stabbed injuries and his body was available near Jeeva Theatre at Sikkandarchavadi to Kovilpappakudi Road. Thereafter, the defacto complainant immediately rushed to the spot along with his family members and found that his son died with stab injuries and his two wheeler bearing registration No.TN 64 A1302 Yamaha Crux was also available nearby his body and his mobile phone was missing. Therefore, the complaint was given and this case in Crime No.71 of 2021 was registered.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also brought to the notice of this Court that the remand report in Crime No.71 of 2021, wherein, the petitioner along with other accused had been arrested and on enquiry the accused person said to have given voluntarily confession statement and admitted to the involvement in this case and also involvement in other cases. In fact, the petitioner was taken forcibly from his house on 03.03.2021 and the police had fabricated the documents and implicated the petitioner in this case. He further submitted that the petitioner has also produced call transcription and CCTV photo and it shows that the petitioner was picked up from his home earlier and now implicated in this case. 4.

The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner has involved in serious offence and three other cases in Crime Nos.73, 74 and 81 of 2021 came to be registered against the petitioner and others. He further submitted that the investigation in this case is not yet over. Hence, he opposed this petition.

5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the investigation in this case is not yet completed and also the fact that there are three other cases pending against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage. 6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 21/04/2021 / 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, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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2 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

+1. CC to M/S.PARTHIBAN.M.S. Advocate SR.No.17032

ORDER

IN CRL OP(MD) No.4892 of 2021 Date :21/04/2021 VSG JM/VR/SAR IV/07.05.2021/3P/5C 3/3