Praveen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Praveen, ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.
Crime No.54 of 2022.
... Respondent/Complainant For Petitioner : Mr.X.Jeeva,Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.54 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/accused No.5, who was arrested and remanded to judicial custody on 05.04.2022 for the offences punishable under Sections 147, 148, 302 of IPC @ 147, 148, 364, 302 of IPC, in Crime No.54 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 03.04.2022, when the defacto complainant's husband went to the shop, one Ramalingam was informed the defacto complainant that her husband was murdered near Narumugai Hospital and also informed that there was a wordy quarrel between her husband and Vimal, Parabhakaran @ Parabha, Selvakumar, Dharma, Praveen and Karthick, as a result of which, the petitioner along with the other accused said to have attacked and murdered him. Hence, the complaint.
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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that based upon the statement of the defacto complainant, a case was registered and during the course enquiry, the involvement of the petitioner came to light. Thereafter, the petitioner along with other accused were arrested and remanded to judicial custody on 05.04.2022. He would further submit that the investigation has been completed, final report was filed before the learned Judicial Magistrate No.I, Devakottai and the same was taken on file in P.R.C.No.14 of 2022. He would further submit that it is a clear case of murder and also submitted that if the petitioner is released on bail he will tamper with the evidence or witness either during investigation or trial 5.On perusal of FIR, it shows that it is a clear case of murder for gain.
6.Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is pending, this Court is not inclined to grant bail to the petitioner.
7.In the result, this Criminal Original Petition is dismissed. sd/- 27/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 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 DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.
2 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13552 of 2022 Date :27/07/2022 PKP/JM/SAR-4/30.08.2022/2P/4C 3/3