K.Rajesh Kannan v. The Inspector Of Police

CRL OP(MD). No.11709 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11709 of 2020 K.Rajesh Kannan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Allinagaram Police Station, Theni District.

(In Crime No.1400 of 2020) ... Respondent/Complainant For Petitioner : M/s.M.Sangli, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1400 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 22.06.2020 for the offences punishable under Sections 302 and 397 of IPC on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 19.06.2020 at about 10.30 p.m.,the defacto complainant went to the respondent police station and lodged a complaint stating that her husband was brutally attacked by the accused persons and he died. Further it is stated that the petitioner herein induced the deceased to withdraw the amount from the bank and after collecting money from the bank some unknown persons had attacked him and caused his death.

3. The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent. He would also submit that due to previous enmity the respondent police has implicated the petitioner herein in the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11709 of 2020 instant case. He would also submit that the petitioner is in jail for more than three months hence he may be granted bail.

4. The learned Government Advocate(Crl.Side) submitted that this is the third bail petition and the earlier two petitions were dismissed by this Court on 02.09.2020 and 09.10.2020. He would also submit that the entire amount of Rs.2 lakhs which was withdrawn was recovered from the car of the petitioner. He would also submit that the investigation in this case is completed and the final report has been filed before the concerned Court and the same has been taken cognizance in PRC14 of 2020 pending committal. Hence he opposed to grant bail to the petitioner.

5. It is seen that the petitioner is a sole accused . The petitioner and the employees are co-employer of one Sannasi. In order to pay amount to the Directors the deceased was directed to withdraw the amount from the bank. The petitioner herein also accompanied along with him and after taking money from the bank the petitioner took the deceased to the remote place and murdered him. Though the respondent police completed investigation and filed final report,it is a case for murder for gain. Hence this Court is not inclined to grant bail to the petitioner.

6. Hence this petition stands dismissed.

sd/- 16/10/2020 / 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 INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11709 of 2020 Date :16/10/2020 MS/VR/SAR-3/22.10.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2