B.Kanagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21743 of 2016 1 B.KANAGARAJ 2 B.PERIYANATCHI 3 P.DHANAPAL 4 P.BALAMURUGAN 5 T.SARAVANAN ... PETITIONERS / ACCUSED A1-A5 Vs THE INSPECTOR OF POLICE VATHALAI POLICE STATION, MUSIRI, TRICHY ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.SESUBALANRAJA Advocate For Respondent : Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A1, who was arrested on 07.10.2016 for the offence punishable under Section 302 IPC and the petitioners / A2 to A5, who were arrested on 07.10.2016 for the offence punishable under Sections 176, 201 and 212 IPC in Crime No.222 of 2016 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that due to family dispute, the 1st petitioner attacked his father with sword and murdered and the 2nd petitioner, who is the wife of the deceased and the other petitioners, who are the relatives, cremated the body. On information, the Village Administrative Officer has preferred the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are in custody from 07.10.2016 onwards.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that investigation is pending for want of DNA report Hence, she strongly

objected for granting bail to the petitioners. 5.Considering the facts and circumstances of the case and also taking note of the fact that the 1st accused, who is the son of the deceased, murdered his own father and the 2nd petitioner, who is the wife of the deceased, cremated the body of her husband, without informing the offence to the police and also considering the overt act attributed against the other petitioners, I am not inclined to grant bail to the petitioners. Accordingly, the Criminal Original petition is dismissed.

sd/- 16/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE VATHALAI POLICE STATION, MUSIRI, TRICHY 2 THE SUPERINTENDENT OF POLICE SUBJAIL WOMEN PRISON, TRICHY 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

JAM/08.12.16/db/SAR 3/2P-5C

ORDER

IN CRL OP(MD) No.21743 of 2016 Date :16/11/2016 https://hcservices.ecourts.gov.in/hcservices/