Arumugam v. The Inspector Of Police

CRL OP(MD). No.13137 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13137 of 2021 ARUMUGAM ... PETITIONER/RANK NOT KNOWN VS THE STATE REP. BY, THE INSPECTOR OF POLICE, RAILWAY POLICE STATION, TRICHY DISTRICT.

(CRIME NO.NOT KNOWN OF 2021).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.S.Vinayak, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. Not known of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 306 I.P.C, in Crime No.Not known of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the deceased who was residing as a tenant in the petitioner's premises, could not pay the rent due to Covid-19 situation and for non-payment of the rent, this petitioner abused the deceased. Due to the said reason, the deceased fell down into the railway track and committed suicide. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the deceased was the tenant in the petitioner's premises and he committed suicide in the railway track. Merely because the deceased resided in the petitioner's premises, the respondent police is insisting the petitioner to appear before the police station. He would further submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13137 of 2021 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that since the occurrence had taken place in the railway track, the case is on the file of the Railway Police under Section 174 Cr.P.C.

5.From the report of the Government Advocate, (Crl.side), it appears, as on date, the offence has not been altered and the petitioner has not been shown as an accused. Therefore, this Criminal Original Petition is dismissed, as there is no apprehension of arrest.

sd/- 13/09/2021 / TRUE COPY / / /2021 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, RAILWAY POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.13137 of 2021 Date :13/09/2021 msa USK/JM/SAR-I/(08.10.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2