Madras High CourtCRL OP(MD)/6469/2021dismissed

Muthuramalingam v. The Inspector Of Police

2021-05-05Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.6469 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.6469 of 2021 Muthuramalingam ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Avaniyapuram Police Station, Madurai.

Crime No.317/2021.

... Respondent/Complainant For Petitioner : M/s. Durai Pandian.K.S, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.317 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 15.04.2021 for the offences punishable under Sections 294(b), 448,307, 506(ii) of IPC @ 294(b), 452,302 and 506 (ii) of IPC on the file of the respondent police seeks bail. 2.The case of the prosecution is that the petitioner along with other accused cut the deceased indiscriminately with aruval and caused his death. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would also submit that as per the prosecution the father of the defacto complainant borrowed a sum of Rs.35 lakhs from the petitioner for developing his business , but he suffered loss. The petitioner's son approached the deceased and demanded money, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6469 of 2021 due to which there was a quarrel and the occurrence said to have taken place in a sudden provocation. He would further submit that the petitioner was not present in the scene of occurrence and he is in jail from 15.04.2021, hence he seeks bail.

4. The learned Government Advocate(Crl.Side) would submit that due to money transaction the petitioner along with indiscriminately cut the deceased with aruval and fled from the scene of occurrence. He would further submit that the investigation is at the nascent stage.

5. Taking into consideration the grave nature of offence committed by the petitioner and the investigation is at the nascent stage, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 05/05/2021 / 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 INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.6469 of 2021 Date :05/05/2021 aav/tta JM/VR/SAR IV/18.05.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2