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Madras High CourtCRL OP(MD)/6411/2021dismissed

Suresh v. The Inspector Of Police

2021-05-20Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6411 of 2021 1.Suresh 2.Dinesh 3.Ramesh 4.Manickam ... Petitioners/Rank not known Vs State through Rep. by The Inspector of Police, Ariyamangalam Police Station, Trichy District.

(Cr.No.200 of 2021) ... Respondent/Complainant For Petitioners : Mr.N.Anandakumar, Advocate. For Respondent : Mr.S.Ravi, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.88 of 2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner, who is in custody from 23.03.2021, for the offences under Sections 302 IPC and subsequently altered into under Sections 147,148,341 and 302 IPC in Crime No.200 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that there was a property dispute between his family and his paternal uncle's family. On 15.03.2021 at about 11.00 pm, his brother was found murdered with multiple injuries. Hence, he lodged a complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4.The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they are no way connected with the offence. The deceased married one Resma, who is the close relative of the petitioners and they are belonging to different https://hcservices.ecourts.gov.in/hcservices/

community. The petitioners were called for enquiry and illegally detained by the respondent police for three days.

5. The learned Government Advocate appearing on behalf of the respondent police submits that the case is altered into Sections 147,148,341 and 302 IPC and the investigation is pending and he has strongly objected to release the petitioner on bail. 6.After hearing the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, it is seen that out of the property dispute as well as with personal motive, the petitioners attacked the deceased with deadly weapons. It is seen from the order of the learned Principal District and Sessions Judge, Trichy that the deceased sustained 30 cut injuries. 7.

Considering the facts and circumstances of the case and also considering the fact that the investigation in this case is pending, I find no merit in this petition and also I am in full agreement with the order passed by the learned Principal District and Sessions Judge, Trichy, I am not inclined to grant bail to the petitioners and accordingly, this Criminal Original Petition is dismissed. sd/- 20/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY.

2. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3. THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD) No.6411 of 2021 Date :20/05/2021 VRN/MR TE/PN/SAR-III : 25/05/2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/