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Madras High CourtCRL OP(MD)/7282/2021dismissed

Kayalvizhi v. The Inspector Of Police

2021-06-04Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7282 of 2021 Kayalvizhi ... Petitioner/Accused Rank Not Known Vs The State rep by The Inspector of Police, Ariyamangalam Police Station, Trichy.

(Crime No. 200 of 2021). ... Respondent/Complainant For Petitioner : Mr.Ebenezer Charles.T.J., Advocate.

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

PRAYER :- For Bail in Crime No. 200 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 23.03.2021 for the offence punishable under Section 302 of IPC altered into Sections 302, 147, 148 and 341 IPC, in crime No.200 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to family dispute regarding sharing the property the petitioner along with other accused murdered the deceased. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that no specific overt act has been attributed against the petitioner. He would further submit that based on the confession statement of the co- accused he has been implicated as an accused. He would also submit that the petitioner https://hcservices.ecourts.gov.in/hcservices/

is in judicial custody from 23.03.2021, hence he may be granted bail.

4.The learned Government Advocate(Crl.Side) would submit that there are totally 15 accused in this case and the petitioner herein is arrayed as A9. He would further submit that it is a case of retaliation murder and there are 30 cut injuries in the body of the deceased. He would further submit that the investigation is in the preliminary stage.

5. Taking into consideration the facts and circumstances of the case and also the fact that the investigation is in the preliminary stage and also the fact that it is a case of brutal murder, this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

Sd/- 04/06/2021 / 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, ARIYAMANGALAM POLICE STATION, TRICHY.

2. THE SUPERINTENDENT CENTRAL PRISON FOR WOMEN, TRICHY.

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

ORDER

IN CRL OP(MD) No.7282 of 2021 Date : 04/06/2021 VB VR SAR I(15/06/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/