K.A.Periyakathan v. The Sub Inspector Of Police

CRL OP(MD). No.14160 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14160 of 2022

1. K.A.Periyakathan

2. K.A.P.Mathivanan ... Petitioners/ Accused Rank not known Vs The State rep.by, The Sub Inspector of Police, Melavalavu Police Station, Madurai District.

Crime No.85 of 2022. ... Respondent/Complainant For Petitioner : M/s.Rajaraman.R, 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.85 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 302 IPC, in Crime No.85 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution that the de facto complainant lodged a complaint stating that on 24.06.2022 the deceased went to his land for taking bath. When the defacto complainant contacted her husband through phone that was switched off. On suspicion they went and found that his husband was lying in the well. Thereafter, he was taken out from the well and found that he was dead. On suspicion, a case has been registered against five persons.

3. The learned counsel for the petitioners submitted that the complaint given by the defacto complainant is absolutely wrong and the petitioners herein are not involved in the above said occurrence.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14160 of 2022

4. The respondent appeared before this Court and submitted that on the basis of primary enquiry, the petitioners have been suspected only on the ground that they were called for enquiry. He would further submit that 2nd petitioner appeared for enquiry for the past one month and thereafter, he did not appear for enquiry.

5. On perusal of the CD file it is seen that the first petitioner has also filed Crl.O.P(MD).No.12925 of 2021 before this Court seeking a direction to the respondent not to harass him and in that petition there was a direction to the respondent to complete the process within a period of three months and that there was undertaking on the part of the petitioner that he will appear before the respondent and co-operate with them for enquiry to complete the investigation. It has been made by the respondent that only for two hearings the second petitioner appeared. Thereafter, as stated above did not appear.

6. Even now, the counsel for the petitioners are ready to cooperate for enquiry, considering the serious nature of offence and that it is a case of murder, the custodial interrogation of the petitioners is necessary. Hence, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed.

sd/- 05/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1.The Sub Inspector of Police, Melavalavu Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.RAJARAMAN R Advocate SR.No.8209

ORDER

IN CRL OP(MD) No.14160 of 2022 Date :05/08/2022 RK/JM/SAR-IV (01/09/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2