Madras High CourtCRL OP(MD)/7338/2021dismissed

Alagar v. The Inspector Of Police

2021-06-07Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD)No.7338 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.7338 of 2021 Alagar ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Melur Police Station, Madurai District.

Crime No.245/2021. ... Respondent/Complainant For Petitioner : Mr.R.Senthilkumar, 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.245/2021 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 22.04.2021 for the offences punishable under Sections 147, 294(b), 427, 323, 302, 506(2) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in crime No.245 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was pathway dispute between the accused persons and the defacto complainant. Due to that, on 22.04.2021, the accused persons abused the defacto complainant in filthy language and also attacked the defacto complainant and his family members, due to which, the son of the defacto complainant was succumbed to death. 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 the petitioner was suffered with corona and he is in judicial custody from 22.04.2021, hence he may be granted bail.

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CRL OP(MD)No.7338 of 2021 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that the co-accused's bail petition in Crl.O.P.(MD)No.7290 of 2021 was dismissed on 04.06.2021. He would also submit that investigation in this case is not yet completed. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the co-accused's bail petition was dismissed by this Court on 04.06.2021 and the fact, that investigation is not completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 07/06/2021 / 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, MELUR POLICE STATION, MADURAI DISTRICT.

2.THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.7338 of 2021 Date :07/06/2021 GNS TK/PN/SAR.3/10.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2