Sakthi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). Nos.10012 and 10109 of 2024 Sakthi ... Petitioner/Accused No.1 in Crl OP(MD) No.10012 of 2024 Alex ... Petitioner/Accused No.4 in Crl OP(MD) No.10012 of 2024 Vs The Inspector of Police, Poonnamaravathi Police Station, Pudukkottai District.
(Crime No.300/2022.) ... Respondent/Complainant in both cases For Petitioner :
Mr.S.Ramesh Kumar, Advocate in Crl.O.P(MD).No.10012 of 2024 Mr.S. Abdul Rahman in Crl.O.P(MD).No.10109 of 2024 For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor in both cases PETITIONS FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- To release the petitioners on bail concerned to the case in SC.No.83/2023 1/4
on the file of the Sessions judge Mahila Court Pudukkottai in Cr.No.300/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/accused, who were arrested and remanded to judicial custody on 30.04.2023 and 03.05.2023 respectivley, for the offences punishable under sections 120B, 392, 34, 201, 302, 380 and 449 IPC in Crime No. 300 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the de-facto complainant is that on 24.12.2022 at about 10.30 am, when the defacto complainant went to her house, she allegedly found her husband and mother-in-law died, as such gold jewels worn by them and CCTV hard disk were missed. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would further submit that the petitioners are in judicial custody for more than one year and seek bail.
4. The learned Additional Public Prosecutor(Cri.Side) appearing for the respondent would submit that the investigation in this case has already been completed and the charge sheet was filed before the concerned Court in S.C.No.83 of 2023. He would further submit that it is a case of murder for gain and hence, if the petitioners are released on bail they will tamper the evidence or witness during trial and hence, 2/4
prayed for dismissal of this petition.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Considering the submissions made by the learned Additional Public Prosecutor appearing for the respondent and also considering the gravity of offence committed by the petitioners, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, these Criminal Original Petitions are dismissed. Further, the trial Court is directed to dispose of the case in S.C.No.83 of 2023 within a month from the date of receipt of copy of this order. sd/- 08/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP To 1.The Sessions Judge, Mahila Court, Pudukkottai.
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2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.
3.The Superintendent, Central Prison, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD). Nos.10012 and 10109 of 2024 Date :08/07/2024 ED/ VR /SAR- (23/07/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4