Sambar @ Arunpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6792 of 2023 Sambar @ Arunpandi ... Petitioner/Accused Vs The State represented by The Inspector of Police, Mattuthavani Police Station, Madurai District.

Cr.No.67/2023.

... Respondent/Complainant For Petitioner : M/s.Geetha C, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 67/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /A6 who was arrested and remanded to judicial custody on 24.02.2023 for the offences under sections 147,148,341 and 302 of IPC in Crime No.67 of 2023 on the file of the respondent police seeks bail.

2. The defacto complainant is the father of the deceased. As per the case of the prosecution prior to the occurrence, the deceased abused the mother of A1 in a degraded manner and there is enmity between them in this regard and all the accused planned to murder the said Balamurugan and executed the same. On 22.02.2023 all the accused persons have indiscriminately cut the deceased with aruval and caused his death, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. As per the First Information Report, there was only five accused. On the very next day after recording the statement from the eye witnesses three more accused persons have been implicated as an accused, in which the petitioner herein is arrayed as A6. That https://www.mhc.tn.gov.in/judis

apart the petitioner is also involved in five previous cases and facing trial in three cases. There is specific overt act as against the petitioner in the said occurrence. Further A1 mother was scolded for her character by the deceased as such there was enmity. Further the petitioner was arrested and remanded to judicial custody on 24.02.2023 hence this Court is not inclined to grant bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 17/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE MATTUTHAVANI POLICE STATION, MADURAI DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.6792 of 2023 Date :17/04/2023 SS/SSS/SAR IV/21/04/2023/2P/4C https://www.mhc.tn.gov.in/judis