Madras High CourtCRL OP(MD)/9187/2019dismissed

Tamilselvan v. The Inspector Of Police

2019-07-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9187 of 2019 Tamilselvan ... Petitioner/Accused Rank not known Vs The State rep.by, The Inspector of Police, Naducauvery Police Station, Thanjavur District, Cr No. 90/2019. ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 90 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner/ Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 302 of IPC seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the name of the petitioner has not been mentioned in the First Information Report. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and only based on the confession statement given by the A1, this petitioner has been implicated. Hence he prayed to grant anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the first information report was registered only based on the complaint given by the Village Administrative Officer and after registering the First Information Report A1 to A7 were arrested and remanded to judicial custody and A1 voluntarily gave a confession statement that the petitioner herein conspired with other accused persons for committing the murder of one Prasanth and in pursuant to the criminal conspiracy the said Prasanth was murdered. He further submitted that the custodial interrogation of petitioner is absolutely necessary. Hence he strongly opposed to grant anticipatory bail to the petitioners.

5. The first accused in his confession statement has stated that the petitioner herein and other accused persons have conspired together and committed the murder of one Prasath.

6. Taking into consideration of the aforesaid facts and also the submissions made by the learned Additional Public Prosecutor that the weapons yet to be recovered and that the custodial interrogation of the petitioner is absolutely necessary, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence the anticipatory bail application is dismissed. sd/- 09/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE NADUCAUVERY POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.11459 ORDER IN CRL OP(MD) No.9187 of 2019 Date :09/07/2019 AAB PK/JC/SAR-2/17.07.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/