C.Jeyakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10056 of 2023 C.Jeyakumar ... Petitioner/Accused Vs The State represented by The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No. 68/2023.

... Respondent/Complainant For Petitioner : M/s.Rajan G, Advocate.

For Respondent : Mr.R.M.Anubunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 68 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 03.03.2023 for the offence under section 174 Cr.P.C. altered into Section 302 IPC in Crime No.68 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is the paramour of the petitioner. Suspecting the character of the deceased, the petitioner assaulted her and murdered her. Hence, the complaint.

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

4. The learned counsel for the petitioner would submit that the investigation has been completed and the final report is pending committal in PRC No.18 of 2023 on the file of the learned Judicial Magistrate, Uthamapalayam and the petitioner is in custody from 03.03.2023, hence he seeks bail.

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5. The learned Additional Public Prosecutor vehemently objected to grant bail to the petitioner for the reason that the petitioner already involved in a similar case and he is facing charge for the offence under section 306 of IPC.

6.It it seen that initially the case was registered for the offence under section 174 of Cr.P.C and subsequently altered to section 302 of IPC. The petitioner was working as Special Sub Inspector of Police at Cumbum North Police Station and the deceased is none other than the paramour of the petitioner. After having sexual intercourse with the deceased the petitioner removed her dress and brutally murdered her by several cut injuries. Infact he had also thrown out the husband of the deceased. That apart the petitioner also involved in similar type of offence and facing charge for the offence under section 306 of IPC. Further the petitioner being a Special Sub Inspector of Police has committed very serious and heinous offence as against the women. Further there is no also change in circumstances of the case to consider the present bail petition even after dismissal of the earlier petitions, hence this Court is not inclined to grant bail to the petitioner.

7. In the result, the petition stands dismissed. sd/- 09/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, KANDAMANUR, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10056 of 2023 Date :09/06/2023 SS/CG/13/06/2023/2P/4C https://www.mhc.tn.gov.in/judis