Madras High CourtCRL OP(MD)/20840/2016dismissed

Rajesh, v. The Inspector Of Police,

2016-11-04Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20840 of 2016 RAJESH ... PETITIONER/A2 Vs STATE REP.BY , THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KARUNGAL, KANYAKUMARI DISTRICT.

(CRIME NO.420/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.S.RAMAKRISHNADASS Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : M/S.R.J.KARTHICK PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A2, who was arrested on 11.09.2016 for the offences punishable under Sections 294(b), 323 and 307 IPC @ 302 IPC in Crime No.420 of 2016 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused attacked the deceased with hands. Due to the same, the deceased died. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that petitioner is in custody from 11.09.2016 onwards.

4.The learned Government Advocate (Crl.side) submitted that when the petitioner tried to escape from India, he was arrested at Ariport and his passport was seized. She strongly opposed for granting bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and taking note of the fact that the petitioner tried to escape from India and also the specific overt act attributed against the petitioner, this Court is not inclined to grant bail to the petitioner.

Accordingly, this Criminal Original petition is dismissed.

sd/- 04/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KARUNGAL, KANYAKUMARI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER IN CHARGE, DISTRICT JAIL, NAGERCOIL. NBJ CSL/PV/AR-CS-II/25.11.2016: 2P/4C

ORDER

IN CRL OP(MD) No.20840 of 2016 Date :04/11/2016 https://hcservices.ecourts.gov.in/hcservices/