Madras High CourtCRL OP(MD)/5274/2020dismissed

Abdul Saleem v. The Inspector Of Police

2020-04-30Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Twenty PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD) No.5274 of 2020

1. ABDUL SALEEM

2. ABDUL JABBAR

3. KATHER MEERASHA

4. AMINAL

5. FATHIMA BEEVI ..PETITIONERS/ACCUSED Nos. 1,2,3,5 AND 6 Vs STATE REP BY::

THE INSPECTOR OF POLICE, SHENKOTTAI POLICE STATION TIRUNELVELI DISTRICT CRIME No. 66 OF 2020 .. RESPONDENT/COMPLAINANT For Petitioner : M/S. V.M. JEGADEESHA PANDIAN, ADVOCATE For Respondent : MR.S. CHANDRASEKAR, ADDITIONAL PUBLIC PROSECTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.1, 2, 3, 5 & 6, who were arrested and remanded to judicial custody on 10.02.2020 for the alleged offences punishable under Sections 147, 148, 294(b), 449, 427, 342, 307, 302 and 506(ii) of IPC in Crime No.66 of 2020, on the file of the respondent police and hence, seek bail.

2. The case of the prosecution is that the first petitioner is the grandson of the deceased Mumtaj and due to previous motive on 10.02.2020 at 12.30 p.m., the petitioners were trespassed into the house of the deceased and there was wordy quarrel between them. The deceased said to have been caused some injuries by A1 and on the same day at 12.50 p.m., the petitioners were trespassed into the house of the deceased by broken the door and abused the deceased by filthy languages and brutally attacked with the help of iron rod

and cooker cap.

3.The learned counsel for the petitioners would submit that the petitioners did not commit any offences as alleged by the respondent police and the first petitioner is the grandson of the deceased and they have been in custody from 10.02.2020. The learned counsel for the petitioners prays that the petitioners may be released on bail.

4. The learned Additional Public Prosecutor submitted that investigation has almost completed and postmortem report has also been received and the injuries are severe in nature.

5. I have heard both sides and perused the material documents available on record.

6.The allegation of the prosecution is that due to previous motive the petitioners assembled unlawfully and trespassed into the house of the deceased by broken the door and abused the deceased by filthy language and killed out the deceased inside from the house and also brutally attacked with deadly weapon. The deceased is the grandmother of the first petitioner. Due to previous motive the petitioners attacked the deceased with the help of iron rod and cooker cap and caused death.

7. By considering the facts and circumstances of the case and serious nature of the offence, I am not inclined to grant bail to the petitioners.

8. Accordingly, this petition is dismissed.

SD 30/04/2020 TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) MADURAI BENCH MADRAS HIGH COURT, MADURAI.

TO 1.THE JUDICIAL MAGISTRATE, SHENKOTTAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3.THE SUPERINTENDENT OF CENTRAL PRISON PALAYAMKOTTAI 4.THE OFFICER IN CHARGE, SUB JAIL, KOKKIRAKULAM TIRUNELVELI DISTRICT.

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

6.THE INSPECTOR OF POLICE SHENKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

SMA SKN SAR 2 30/04/2020 3P 7C ORDER IN Crl.O.P.(MD)No.5274 of 2020 30.04.2020