Madras High CourtCRL OP(MD)/5925/2024dismissed

Vincent v. The Inspector Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vincent ... Petitioner/Accused No.11 vs State Rep. by Inspector of Police, Eraniel Police Station, Kanyakumari District.

...Respondent/

Complainant For Petitioner : Mr.G.Ramanathan, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.38 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.38 of 2024 for the offence under Sections 147, 148, 294(b), 342, 323, 324, 302, 201 and 379 IPC and remanded him into judicial custody on 20.01.2024. Therefore, the petitioner has filed this petition seeking bail.

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2. The defacto complainant is the wife of the deceased. She is working as a Teacher in the Mother Terasa Matriculation School at Mylacode. The deceased was working in the Tamil Nadu State Transport Corporation at Kanyakumari. The deceased, his wife and the accused persons are members in St. Michale Church. In the annual meeting conducted by Church, the deceased has questioned about the accounts related to the Church. Therefore, the membership of the deceased was cancelled. Thereafter, the defacto complainant/wife of the deceased was also suspended from the School. On 19.01.2024, on the request of A2, the petitioner/A11 went to the deceased's house and called him for mediation. The deceased went along with the petitioner/A11 to the house of A2, where, the accused persons joined together, abused the deceased in filthy language and attacked him indiscriminately and caused death. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they are in no way connected with the alleged occurrence. However, they are languishing in jail from 20.01.2024.

4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the investigation is yet to be completed.

5. Considering the gravity of offence and also considering the fact that the 2/3

petitioner has committed breach of trust, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

THE OFFICER INCHARGE DISTRICT PRISON, NAGERCOIL.

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

ORDER

IN CRL OP(MD) No.5925 of 2024 Date :17/04/2024 PKP/JGB/SAR /23.04.2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3