Pandikarthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Pandikarthick ... Petitioner/Accused No.2 Vs State through the Inspector of Police, Alanganallur Police Station, in Crime No.71 of 2021.

... Respondent/Complainant For Petitioner : Mr.M.S.Parthiban Advocate.

For Respondent : No Appearance PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.71 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.03.2021 for the alleged offences punishable under sections 302 & 394 of IPC in Crime No. 71 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.02.2021 at about 03.00 a.m the defacto complainant came to know that his son namely; Yuvaraj suffered stabbed injuries and his body was available near Jeeva Theatre at Sikkandarchavadi to Kovilpappakudi Road. Immediately, the defacto complainant rushed to the spot along with his family members and found that his son died with stab injuries and his two wheeler bearing registration No.TN-64-A-1302 Yamaha Crux was also available nearby his body and his mobile phone was missing. Based on a complaint given by the defacto complainant, a case in Crime No.71 of 2021 was registered.

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3. The learned counsel appearing for the petitioner submitted that the petitioner has not involved in any of the offences as alleged in the First Information Report. He further submitted that the petitioner's mother is suffering from abnormal uterine bleeding - adenomyosis and planned for abdominal hysterectomy surgery on 08.05.202 in Government Rajaji Government Hospital, Madurai. He further submitted that the petitioner has to take care of her and hence, he prayed to grant bail to the petitioner.

4. When the matter is taken up for hearing the respondent police has filed a report before this Court today, on 07.05.2021. It is revealed from the report that the petitioner has involved in serious offences and three other cases were registered in Crime Nos.73 of 2021 for the offence under Section 392 of IPC, 74 of 2021 for the offence under Section 393 of IPC and 81 of 2021 for the offence under Section 379 of IPC against the petitioner. Investigation in this case is not yet completed. Further, the respondent police has stated in the report that the petitioner's mother is hospitalized in Government Rajaji Government Hospital, Madurai for taking treatment and she is under care of the petitioner's sister and brother. It is further stated that, if the petitioner/A-2 released on bail, he may abscond.

5. Taking note of the fact that the petitioner who involved in the offences under Sections 302 and 394 are serious in nature. The investigation in this case is not yet completed and three other previous cases are pending against the petitioner and hence, this Court is not inclined to grant bail to the petitioner.

6. Hence, this Criminal Original Petition stands dismissed. sd/- 07/05/2021 / 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, ALANGANALLUR POLICE STATION, MADURAI.

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2 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.6580 of 2021 Date :07/05/2021 KSA JM/VR/SAR I/07.05.2021/3P/4C 3/3