Petchithai v. The Inspector Of Police

CRL OP(MD). No.11221 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11221 of 2020 Petchithai ... Petitioner/Accused No.3 Vs The State rep. by The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

(Crime No.51/2010). ... Respondent/Complainant For Petitioner : M/s.S.Ramsamy, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.51 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A3 herein were arrested on 29.07.2020 for the alleged offences under Sections Women Missing @ 366,376,302,379 and 201 of IPC.

2. The case of the prosecution is that the 22.05.2020 the petitioner along with two other persons murdered the deceased for gain and one of the accused also committed rape on the deceased.

3. Earlier the petitioner was granted bail and subsequently the petitioner failed to appear before the trial court hence Non Bailable Warrant was issued on 30.11.2020. Thereafter the petitioner was arrested and remanded to judicial custody on 29.07.2020, hence seeking bail the present application is filed.

4. The learned Government Advocate(Criminal Side)would submit that the petitioner herein was secured after much difficulty and if https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11221 of 2020 she is released on bail, she will indulge in similar types of offences again. He would also submit that investigation in this case is almost completed and the case is pending committal in PRC No.38 of 2020 on the file of the learned Judicial Magistrate, Sathankulam. He would also submit that it is case of murder for gain.

5. Taking into consideration the facts and circumstances of the case and also taking note of the fact that the petitioner is absconding for more than ten years and also taking into consideration the submission made by the learned Government Advocate (Crl.Side), this Court is not inclined to grant bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 13/10/2020 / TRUE COPY / / /2020 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.

TO

1. THE OFFICER INCHARGE, WOMAN PRISON, KOKIRAKULAM.

2. THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER IN CRL OP(MD) No.11221 of 2020 Date :13/10/2020 AAV SRS/ JC/SAR-III/ 15.10.2020/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2