C.Jeyakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 10/07/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN C.Jeyakumar : Petitioner / Sole Accused Vs.
The State rep. by The Inspector of Police, Kambam North Police Station, Theni District.
(In Crime No.68 of 2023) : Respondent / Complainant For Petitioner : Mr.G.Karuppasamy Pandiyan, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER:- For Bail in Crime No.68 of 2023 on the file of the Respondent Police.
ORDER: The Court made the following order:- The petitioner, who is arrayed as sole accused arrested, on 03/03/2023 and remanded to judicial custody for the offence punishable under section 174 Cr.P.C @ 302 IPC, in Crime No.68 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased is the paramour of the petitioner. Suspecting the character of the deceased, the petitioner assaulted her and murdered her. Hence, the case.
3.Heard both sides.
4.The earlier application that was filed by the petitioner was dismissed by this court, dated 09/06/2023 stating that this petitioner is not having good conduct and already facing the offence of 306 IPC in some other matter. Considering the gravity of the offence, the above said petition was dismissed. Without change of circumstance, this petition has been filed stating that he is in 1/3
custody ever-since from the date of arrest and now, the committal process is under way.
5.Perusal of the CD file shows that even though the offence said to have been taken place due to sudden fighting, the manner in which, the above said murder was committed shows the gruesome nature of this petitioner. The deceased was assaulted several times, she was disrobed and strangulated to death. She was in relation with this petitioner for quite some-time. When the deceased was going for job to Kerala, trouble has started between them. Attending the job was not liked by this petitioner, on that account, on the date of the occurrence, again, quarrel broke open, in which the above said gruesome murder alleged to have been committed by the petitioner. There was no eye witness to the occurrence. Only circumstantial evidence is available against the petitioner. If the petitioner is released on bail, there is every possibility of tampering the evidence. So, this court is not inclined to grant bail to the petitioner on the above said grounds.
6.In the result, this criminal original petition is dismissed. But however, considering the facts and circumstances of the case, there shall be a direction to the committal court to complete the committal process within a period of 15 days from the date of receipt of a copy of this order. After that, the concerned trial court shall complete the trial process and dispose of the case within a period of five months thereafter.
7.With the above said direction, this criminal original petition stands dismissed.
sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ER To 1.The Inspector of Police, Kambam North Police Station, Theni District.
2.The Officer Incharge, District Jail, Kandamanur, Theni.
2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12368 of 2023 Date :10/07/2023 ED/MMS/SAR- (13/07/2023) 3P 4C 3/3