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Madras High CourtCRL OP(MD)/12572/2020dismissed

Muthuramesh v. The Inspector Of Police

2020-11-09Honourable Mr Justice S.M. Subramaniam2 pages

CRL OP(MD).No.12572 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD).No.12572 of 2020 Muthuramesh ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector of Police, Sipcot Police Station, Thoothukudi District.

(Crime No.597 of 2020) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.597 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offence punishable under section 302 IPC, in Crime No.597 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The petition for anticipatory bail is filed on the ground that the petitioner is no way connected with the alleged offence. The petitioner states as per the prosecution, the deceased was facing many other cases in and around Thoothukudi District and he was a habitual alcoholist. Therefore, the petitioner is falsely implicated.

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CRL OP(MD).No.12572 of 2020 3.The learned Government Advocate (Crl. Side) made a submission that the petitioner is booked for an offence under Section 302 IPC and the case is under investigation by the police. The petitioner is having two previous cases also. Thus, the petition is to be dismissed.

4.This Court is of the considered opinion that the petition for anticipatory bail is to be considered if some concrete facts are placed before this Court and not otherwise. The way in which the facts are present in the petition is undoubtedly vague and unclear. The learned Additional Public Prosecutor made a submission that the petitioner has involved in a murder case and he is facing other two cases also. This being the ambiguous situation with reference to the facts and circumstances created, the petition for grant of anticipatory bail stands dismissed.

sd/- 09/11/2020 / 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, SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12572 of 2020 Date :09/11/2020 ias/vsd AE/SMA/SAR-II (18.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2