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Madras High CourtCRL OP(MD)/7702/2018dismissed

Karuthasamy, S/O.Rethinam v. The Inspector Of Police

2018-05-09Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7702 of 2018 1 KARUTHASAMY, 2 SUGANYA 3 MANGALESWARI ... PETITIONERS/ACCUSED No.4,6 & 7 Vs STATE REP BY THE INSPECTOR OF POLICE UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO.11/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.K.RADHAKRISHNAN Advocate For Respondent : MR.K.SUYMABULINGA BHARATHI, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The case of the prosecution is that on 18.01.2018, there was a wordy quarrel between the defacto complainant's father and his neighbor due to parking of vehicles. The first accused attacked the defacto complainant's father with Aruval and the second accused attacked him with iron rod and they caused his injuries they attacked his mother and caused her death.

2.On the side of the petitioner, it is stated that the petitioners are accused Nos. 4, 6 and 7. The second accused was arrested on 18.01.2018 and the third accused was already released on bail on 05.03.2018. Proceedings under Gundas against accused 1 and 2 is also quashed and prayed the petitioner to be released on anticipatory bail.

3.On the side of the respondent police, it is stated that there is specific overt act against the petitioners and the petitioner attacked the father and mother of the defacto complainant without any valid reason. Investigation is pending and the mother of the defacto complainant died due to the injuries caused by the petitioner, and objected to the release of the petitioners on anticipatory bail.

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4.Records perused.

5.The offence is very grave in nature. For a mere parking dispute, the petitioner attacked the defacto complainant's mother and father and caused the death of the mother of the petitioner. As per the FIR specific overt act is attributed against each of the petitioners.

6.In this circumstances, this Court is not inclined to release the petitioner on bail. Hence, this Criminal Original Petition is dismissed.

sd/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.7702 of 2018 Date :09/05/2018 SMA/CM/RNB/16.05.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/