M.Kabilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11922 of 2023 M.Kabilan ... Petitioner/Accused rank not known Vs The State represented by The Inspector of Police, Ilathur Police Station, Thenkasi District.

in Crime No.30/2023.

... Respondent/Complainant For Petitioner : M/s.Jameel Arasu B, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 302 and 307 of I.P.C., in Crime No.30 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 is the son of the deceased. Due to money dispute between the deceased and A1, on 07.03.2023, while the deceased was travelling in the two wheeler, when the accused persons hit the vehicle with a car and caused death to the deceased. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

https://www.mhc.tn.gov.in/judis 4.It is seen that there are three accused involved in this case and the petitioner is arrayed as A3. He is a friend of A1. A1 had

driven his car and dashed against the deceased, while she was travelling in a two wheeler along with her another son. A1 is none other than the another son of the deceased, who drove the car and due to property dispute, he dashed against the two wheeler in order to murder them. The rider of the motorcycle got injured and now the injured has been discharged from the hospital. As far as the pillion rider, namely, the mother of the first accused died on the spot. A2 and A3 had watched the two wheeler, where, it was going and informed to the first accused. Thereafter, the first accused had driven his car and hit the two wheeler and killed his own mother. Therefore, the petitioner also conspired together and committed the crime along with the first accused.

Hence, the custodial interrogation of the petitioner is very much required in this case. 5.Taking into considering the seriousness and gravity of the allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 30/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1 THE INSPECTOR OF POLICE ILATHUR POLICE STATION, THENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11922 of 2023 Date :30/06/2023 SS/06/07/2023/2P/3C https://www.mhc.tn.gov.in/judis