Manikandan @ Rasaiya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Manikandan @ Rasaiya ... Petitioner/Accused No.5 Vs The Inspector of Police, Manamadurai Police Station, Sivagangai District.
(Crime No.174/2023.) ... Respondent/Complainant For Petitioner :
Mr.S.Sivaprakash, 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.174/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 29.12.2023 in connection with a Man Missing case @ Sections 147, 148, 109, 201 and 302 of IPC in Crime No.174 of 2023 on the file of the respondent police, seeks bail.
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2.The case of the prosecution is that the defacto complainant has four sons and his second son is Sathuragiri, who got married with one Radhika/Accused No.3. In the year 2022, the defacto complainant has visited the house of his second son and enquired whereabouts of his son to his daughter-in-law. In reply, she stated that her husband went to Chennai for work. Having suspicion over missing of his son, the defacto complainant has lodged the complaint before the respondent Police. Initially, the case was registered under the caption for 'Man Missing'. After commencement of investigation, it came to light that the accused persons murdered the son of the defacto complainant and buried the body without informing the respondent Police. Thereafter, it came to light that the accused persons attacked the son of the defacto complainant by using knife, due to which, he died and they set fire on the dead body by using petrol.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and based on the confession statement of A1, he has been arrayed as accused in this case and he is languishing in jail from 29.12.2023. He further submits that A2, A3 and A6 were already enlarged on bail by this Court as well as the trial Court. Hence, he prays for bail.
4.The learned Additional Public Prosecutor appearing for the respondent 2/4
submits that this is the second application filed by the petitioner for bail. The earlier application was dismissed by this Court on 01.03.2024 in Crl.O.P.(MD)No.3317 of 2024 considering the antecedents of the petitioner. 5.This Court considered the rival submissions made. Since there is no change in circumstances as on date, this criminal original petition is dismissed. sd/- 25/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI To 1.The Inspector of Police, Manamadurai Police Station, Sivagangai District.
2.The Officer Incharge, District Jail, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.6321 of 2024 Date :25/04/2024 3/4
ED/ JGB /SAR- (06/05/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4