P. Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.691 of 2017 P. BALAMURUGAN ... PETITIONER / ACCUSED No.1 Vs The State represented through THE INSPECTOR OF POLICE GUJILIAM POLICE STATION, DINDIGUL DISTRICT, CR NO. 289/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PONNIAH Advocate For Respondent : Mr.P.Kandasamy, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.1, was arrested on 10.11.2016 for the offences punishable under Section 174 of Cr.P.C., and Section 306 of I.P.C., in Crime No.289 of 2015 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner states that the earlier bail application filed on behalf of the petitioner herein in Crl.O.P.(MD).No.23075 of 2016 was dismissed by this Court on 07.12.2016. He further states that the respondent completed the enquiry and filed the charge sheet.

3. The learned Government Advocate (Crl.side) appearing for the respondent states that it is not true and the investigation is still pending, since A2 and A3 are still absconding. Totally there are 3 accused in this case and the petitioner herein is A1, who was arrested on 10.11.2016 and further stated that the petitioner has obtained the jewels from her wife and pledged the jewels and purchased the property in the name of his parents and because of the dispute between the husband and the accused in this case, the deceased has committed suicide in the matrimonial home. The de-facto complainant in this case is the mother of the deceased. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the above facts and circumstances of the case, there is no change of circumstances in this case, except the period of incarceration and the investigation is still pending, since A2 and A3 are still absconding, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. sd/- 23/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE GUJILIAM POLICE STATION, DINDIGUL DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL , DINDIGUL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

sm:JM:02/02/2017:2P/4C

ORDER

IN CRL OP(MD) No.691 of 2017 Date :23/01/2017 https://hcservices.ecourts.gov.in/hcservices/