Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Kannan,
2. Meena @ Muthu Meena,
3. Eswari, ... Petitioners/Accused No.4,6&7 Vs THE STATE REP BY, The Inspector of Police, Sedapatty Police Station, Madurai District.
Crime No.40 of 2022..
... Respondent/Complainant For Petitioners: MR.D.Balamurugapandi,Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.40 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.4,6&7, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 307, 302, 506(ii) of I.P.C r/w Section 4 of TNPWH Act, in Crime No.40 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant namely, Rani lodged a complaint stating that she is having 2 female children and all got married. The younger daughter Pandiammal was married to one Ramar and her husband was working in Singapore. The above said Pandiammal was also working in Samosa Shop belong to one Murugan. There was some sort of rumour that the Pandiammal having 1/3
illicit intimacy with one Kattaiyan, who was working with her. She was also scolded by one Muneeswaran, who was also working with her before Kattaiyan.On 17.03.2022, at about 07.30 p.m, when the defacto complainant along with her husband enquired about that with regard to her daughter, the seventh accused namely, Eswari picked up quarrel with them. At about 09.00 p.m, all the accused persons joined together and went to her husband's house and abused them in filthy language and caused assault with aurval, wooden stick etc., The defacto complainant and her daughter Pandiammal were also assaulted. In the above said occurrence, the deceased, who is the husband of the defacto complainant has sustained severe injury and taken to the hospital and later, died.
3.The learned counsel for the petitioners would submit that the main accused have been arrested and remanded. Later, released on bail. These petitioners are concerned, no specific overt act has been made. They have been roped in the above said offence unnecessary since they happened to be family members of the first accused. Since the petitioners No.2 & 3 are female, anticipatory bail may be granted to them.
4.Reading of the FIR shows that it is a case of brutal murder. Insofar as the first petitioner is concerned, he caused injury on the right wrist and fingers of the defacto complainant with aruval. In respect of Meena and Eswari, allegation to the effect that they also made assault.
5.Since strong case has been made out against the petitioners, they are not entitled for discretionary relief of anticipatory bail. Absolutely, I find no merit in this petition. The petitioner may surrender before the respondent police or the concerned Court. 6.With the above said direction, this Criminal Original Petition is dismissed.
sd/- 30/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE INSPECTOR OF POLICE SEDAPATTY POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate (SR-6476[I]dated 01/07/2022
ORDER
IN CRL OP(MD) No.10577 of 2022 Date :30/06/2022 PKP/SVR/SAR-1/07.07.2022/3P/4C 3/3