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Madras High CourtCRL OP(MD)/6027/2023dismissed

Anandakumar v. The Inspector Of Police

2023-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6027 of 2023 Anandakumar ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

Crime No. 59/2020.

... Respondent/Complainant For Petitioner : M/s.Krishnaveni P, 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. 59 of 2020 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 07.03.2023 for the offences under sections 174 Cr.P.C @ 302 of IPC in Crime No.59 of 2020 on the file of the respondent police seeks bail.

2. The defacto complainant in this case is the Village Administrative Officer of Pallapatti Village. The case of the prosecution is that on 12.03.2020 at about 2.00 pm., while she was in duty in her office, she received information through her village Assistant that an unidentified male body aged about 25 to 30 years with fracture injuries on the left thigh was found laying with under wear, based on that she had given information to the respondent police and a case was registered in Crime No.59 of 2020 for the offence under section 174 of Cr.P.C. During the relevant period on the complaint given by one Manikandan that his son Praveen @ karuppsamy was missing from his home on 17.03.2022 came https://www.mhc.tn.gov.in/judis

to be registered by the Usilampatti Police in Crime No.2083 of 2020 for man missing. During the course of investigation it came to light that the dead body which was found within the limits of the Amaiyanakanur Police Station is the son of the defacto complainant in Crime No.2083 of 2020. The respondent police continued with the investigation and it came to light the accused persons having grudge against the deceased on account of financial dispute and also dispute with regard to dealing of drugs, committed the murder of the deceased and after committing the murder had removed the dress of the deceased had thrown the body within the limits of the Amaiyanakanur police station, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. It is seen that the petitioner is a habitual offender and against him 11 previous cases are pending. That apart the petitioner was arrested only on 07.03.2023 and not the offence has been altered to section 302 of IPC from 174 of Cr.P.C, hence this Court is not inclined to grant bail to the petitioner.

5.In the result, the petition stands dismissed. sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

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

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

+1. CC to M/S.KRISHNAVENI P Advocate SR.No.5314

ORDER

IN CRL OP(MD) No.6027 of 2023 Date :30/03/2023 SS/CG/SAR IV/03/04/2023/2P/5C https://www.mhc.tn.gov.in/judis