Muneswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9308 of 2016 MUNESWARAN ... PETITIONER/ACCUSED No.5 Vs THE STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT, CR NO. 186/2015. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S P.R.PRITHIVIRAJ, ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.5 ,apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 506(ii), 120(b), 302 of I.P.C., in Crime No.186 of 2015, on the file of the respondent police,and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 04.10.2015, due to previous enmity, the accused persons went to the chicken shop of the deceased and by throwing chilly powder, attacked the deceased with aruval and thereby, caused the death of the deceased.

3. The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and based on the confession given by the co-accused, his name has been falsely implicated in this case.

4. The learned Government Advocate(Crl. Side) submitted that there was previous enmity between the accused persons and the deceased. On earlier occasion, the accused Rajkumar, attacked the deceased and due to that, the deceased got injury. For that, the deceased tried to kill the accused Rajkumar and other accused persons. The deceased murdered the brother of the petitioner and tried to kill the other accused persons. Due to that, the accused persons planned to murder the deceased.

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5. Considering the serious allegations made against the petitioner that he pre-planned to murder the deceased and also considering the fact that this Court has already dismissed the bail petitions filed by the other accused in Crl.O.P(MD)No.24936 of 2015, vide order dated 20.01.2016, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT,

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

+1. CC to M/S P.R.PRITHIVIRAJ Advocate SR.No. 30626

ORDER

IN CRL OP(MD) No.9308 of 2016 Date :15/06/2016 AM TE/SKS-RR/SAR-II : 12/07/2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/