Mukkayi v. The Inspector Of Police

CRL OP(MD). No.6343 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6343 of 2023 Mukkayi, ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Gujiliamparai Police Station, Dindigul District.

Crime No. 23 of 2023.

... Respondent/Complainant For Petitioner : M/s.Senthilkumar A.M.,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 23 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 11.02.2023 for the offence punishable under Sections 174 Cr.P.C @ 302 of IPC in crime No.23 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused persons conspired together and committed the murder of the deceased using wooden log and knife and tied his hands and legs and also tied a stone over his body and dropped the body into the water, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.6343 of 2023

4. It is seen that there are totally five accused in this case and the petitioner herein is arrayed as A3. The first accused had illegal intimacy with the petitioner and it came to the knowledge of the husband of the petitioner. Thereafter the petitioner had illegal intimacy with the deceased. Thereafter the husband of the petitioner and the deceased decided to do away the life of the first accused. However it was smelled by the first accused and the petitioner herein and they planned to do away the life of the deceased. Accordingly they have murdered the deceased and thrown the body into the common well after tying with the stone. Initially case was registered under section 174 of Cr.P.C and later altered to offence under section 302 of IPC. That apart investigation is still pending and further there is a proposal to detain the petitioner under Act.14 of 1982. Taking into consideration all the facts and also the grave nature of offence committed by the petitioner,this Court is not inclined to grant bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 05/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE OFFICER INCHARGE WOMEN PRISON, MADURAI.

2 THE INSPECTOR OF POLICE GUJILIAMPARAI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.6343 of 2023 Date :05/04/2023 PKP/CG/SAR-2/11.04.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2