Madras High CourtCRL OP(MD)/8058/2023dismissed

Sankar @ Mohan v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.8058 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8058 of 2023 Sankar @ Mohan, ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Ilathur Police Station, Tenkasi District.

Crime No.30 of 2023..

... Respondent/Complainant For Petitioner : M/s.Ellanchezian V, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.30 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 21.03.2023 for the offences under sections 302 of IPC @ 302,307 and 120(b) of IPC in Crime No.30 of 2023 on the file of the respondent police seeks bail.

2. The prosecution case is that the petitioner is the son of the deceased. The defacto complainant is the another son of the deceased. Due to money dispute between the deceased and the petitioner the petitioner conspired together and committed the murder of the deceased and on 07.03.2023 while the deceased was travelling in the two wheeler the accused persons hit the vehicle with a car and caused death to the deceased, hence the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8058 of 2023

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

4. It is seen that there are totally two accused in this case and the petitioner herein is arrayed as A2. It is very unfortunate to state that the petitioner is none other than the son of the deceased, who drove his car in a high speed to do away the life of his mother who was going along with his another son in a two wheeler. He hit the two wheeler , therefore his brother sustained injuries and his mother died. Due to property dispute and also the dispute in the claim made this murder had taken place, hence this Court is not inclined to grant bail to the petitioner.

5. In the result, the petition stands dismissed. sd/- 28/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

2 THE INSPECTOR OF POLICE ILATHUR POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8058 of 2023 Date :28/04/2023 PKP/BUC/SAR-3/04.05.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2