Madras High CourtCRL OP(MD)/11946/2019dismissed

Chandru v. The Inspector Of Police

2019-08-29Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.11946 of 2019 1.Chandru 2.Sowntharajan ... Petitioners/Accused A2 to A3 Vs The State rep.by The Inspector of Police, Lalgudi Police Station, (in Crime No.248/2019). ... Respondent/Complainant For Petitioners: M/s.P.Dhanasekaran, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.248 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petition has been filed by Accused Nos.2 & 3 seeking bail for the alleged offence punishable under Sections 457, 511, 302 and 120 (B) of IPC, in Crime No.248 of 2019.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that as per the FIR, on 19.06.2019, at about 12.00 a.m, the petitioners have broke open the door of the TASMAC shop with a view to commit theft of Brandi bottles. At that time, they have attacked the watchman with iron rod and caused death. He further submitted that the petitioners are in custody from 25.06.2019 and based on the confession of A1, the petitioners herein have been falsely implicated in this case. Hence, he prayed bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent has submitted that totally three accused involved in this

case. The petitioners herein arrayed as A2 & A3. He further submitted that the petitioners have broke open the door of the TASMAC shop with a view to commit theft of Brandi bottles. At that time, they have attacked the watchman with iron rod and caused death. He further submitted that one previous case under Sections 457 and 368 IPC is pending against the petitioners. He further submitted that the investigation is not yet completed and the custodial interrogation of the petitioners is absolutely necessary. Hence, he strongly opposed this petition.

5.Considering the allegation against the petitioners that they have broke open the door of the TASMAC shop with a view to commit theft of Brandi bottles and attacked the watchman with iron rod and caused death and also the submission made by the learned Additional Public Prosecutor that the investigation is not yet completed and also the fact that one previous case under Sections 457 and 368 IPC is pending against the petitioners, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this petition is dismissed.

sd/- 29/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE LALGUDI POLICE STATION,

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

+1 CC to M/s.P.DHANASEKARAN, Advocate(SR-14353[I] dated 29/08/2019)

ORDER

IN CRL OP(MD) No.11946 of 2019 Date :29/08/2019 dss ES/PN/SAR 3/04.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/