Manimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6999 of 2021 Manimaran ... Petitioner/Accused No.8 Vs The State rep by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District Crime No.149 of 2021. ... Respondent/Complainant For Petitioner : M/s.Ramesh Kumar.D., Advocate.

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

PRAYER :- For Bail in the Crime No.149 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A8, who was arrested and remanded to judicial custody on 17.03.2021 for the offences punishable under Sections 302 of IPC @ Section 147,148,342,302 of IPC r/w. Section 109 and 120 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 murdered the defacto complainant's brother- in -law. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would also submit that the co-accused in this case namely A10 and A11 were released by the Sessions Court. He would further submit that the petitioner was not present in the scene of occurrence and no specific overt act has been attributed against him. He would also https://hcservices.ecourts.gov.in/hcservices/

submit that the petitioner voluntarily surrendered before the Court and he is in judicial custody for more than 60 days, hence he may be granted bail.

4. The learned Government Advocate(Crl.Side) would submit that there are totally 11 accused in this case and the petitioner herein is arrayed as A8. He would also submit that the specific overt act has been attributed against the petitioner herein and the investigation is at the nascent stage, hence he strongly opposed to grant bail to the petitioner.

5. Taking into consideration the above facts and circumstances of the case and also taking note of the fact that the investigation is at the nascent stage and also the fact that the petitioner was arrested only on 17.03.2021, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. Sd/- 26/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 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, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.6999 of 2021 Date : 26/05/2021 VB VR SAR IV(31/05/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/