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Madras High CourtCRL OP(MD)/7019/2021dismissed

Muthuraj @ Muthurasu v. The Inspector Of Police

2021-06-02Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7019 of 2021 Muthuraj @ Muthurasu ... Petitioner/Accused Vs The State Rep. by The Inspector of Police, Chathirakudi Police Station, Ramanathapuram District.

Crime No. 80/2021. ... Respondent/Complainant For Petitioner : Mr.Ramesh Kumar.D., Advocate.

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

PRAYER :- For Bail in Crime No. 80/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 29.03.2021 for the offence punishable under Section 302 and 393 of IPC, in Crime No.80 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that 28.03.2021 at about 09.45 pm., the petitioner who is a sorcerer took the deceased for sorcery and killed him with sickle. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is a painter and also a part time sorcerer and the deceased is a conductor. He would also submit that the petitioner is innocent and a false case has been foisted against him. He further submitted that no previous case is pending against the petitioner. The petitioner is in judicial custody from 29.03.2021, hence he seeks bail.

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4.The learned Government Advocate (Crl.Side),on instructions, would submit that it is a murder for gain and the petitioner was arrested only on 29.03.2021. He further submitted that the investigation is in preliminary stage. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also the submission made by the learned Government Advocate(Crl.Side), this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 02/06/2021 / 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, CHATHIRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

3. THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

ORDER

IN CRL OP(MD) No.7019 of 2021 Date :02/06/2021 AAV TE/VR/SAR-I : 04/06/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/