M.Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN M.Manikandan ... Petitioner/Accused No.2 Vs The State Represented by The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.
Cr.No. 187 of 2021.. ... Respondent/Complainant For Petitioner : Mr.A.Sivasubramanian, 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.187 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 24.06.2021 for the offences punishable under Section 302 of IPC in Crime No.187 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant husband Arulvisuvasam/deceased is working as a land broker. The accused Jesubal is his friend. The accused used to go with Jesubal in connection with real estate business. Some time Jesubal used to take him in his car. On 23.06.2021 at about 8.00 am., her husband was brought home by Manikandan, Mariyasiluvai in Jesubal's 1/3
Ambassador Car bearing Reg. No, TN 72 W 4485. She found that there was contusion injuries on the forehead. When her husband left home he was wearing green colour T.shirt and when he came back he was wearing black colour T.shirt. She asked him why he was looking tired. He said nothing. Even after taking rest for some time he looked tired. She summoned her uncle Thangaraj. Thangaraj came at 6.00 pm., and asked her husband what had happened. Her husband removed the T.shirt and showed the injuries and said that on 22.06.2021 at about 7.00 pm., Jesubal, Manikandan, Mariyasiluvai has beaten him with stick and kicked him repeatedly. He also informed that he gave the commission received from the business to Jesubal and when he demanded the money back three persons joined together and attacked him. Then he was sent to hospital through ambulance.
There doctor informed that her husband was died on the way to hospital. Therefore the case came to be registered. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that no specific overt act has been attributed against the petitioner. He would further submit that the petitioner is in judicial custody from 24.06.2021, hence he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that First Information report was registered on 24.06.2021, investigation is in preliminary stage, therefore he seeks dismissal of the petition.
5. It is seen that the deceased was done to death by the accused by beating him indiscriminately with sticks and also kicked him with legs, when he demanded the commission amount from Jesubal. Investigation is in preliminary stage, therefore this Court is not inclined to grant bail to the petitioner.
6. In the result the petition stands dismissed. sd/- 30/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
2.THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI CITY.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10142 of 2021 Date :30/07/2021 SS/SKN/SAR-III/04.08.2021 : 3P/4C 3/3