Apsalom v. The Inspector Of Police
CRL OP(MD). No.7411 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7411 of 2023 Apsalom ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.
Crime No.101 of 2023.
... Respondent/Complainant For Petitioner : Mr.J.Jeyaaron Raja, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2023 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A8, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 147,148 and 302 of IPC in Crime No.101 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2.The case of the prosecution is that there exists money dispute between the parties the accused persons said to have brutally assaulted the deceased with aruval and caused his death. Hence, the complaint.
3. Heard both side and perused the materials available on record including the First Information Report.
4. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and no specific overt act has been attributed as against him, hence he seeks bail. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.7411 of 2023
5. It is seen that there are totally nine accused in this case and the petitioner herein is arrayed as A8. There was a dispute with regard to lending of money between A1 to A3 and the deceased and when A1 to A3 asked for return of money from the deceased it was refused, as such they engaged other accused persons to do away the life of the deceased. Accordingly one of the accused went to the house of the deceased brutally attacked him and murdered him . In so far as the petitioner is concerned he only caught hold of the deceased not to run away from the scene of occurrence. Therefore there is specific overt act as against the petitioner and as such custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.
6. In the result the petition stands dismissed. sd/- 21/04/2023 / 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 PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7411 of 2023 Date :21/04/2023 RS/MMS/SAR-3(26.04.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2