Mahalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.Mahalingam 2.Nagalakshmi ... Petitioners/ Accused No.2 & 3 3.Arunadevi ... Petitioner / Accused Rank Not Known Vs The Inspector of Police, Tallakulam Police Station(L&O), Madurai District.

In Crime No.767 of 2024 ... Respondent For Petitioners : Mr.A.S.Rajeswari For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. 1/4

PRAYER :- For Bail in Cr.No.767 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.07.2024 for the offence punishable under Sections 103(1), 351(2) BNS altered into Sections 191(2), 191(3), 103(2), 351(2), 248 BNS r/w 61(1), 49 BNS Act 2023 and Section 83(ii) of JJ Act in Cr.No.767 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 16.07.2024, the accused persons attacked the deceased with sword indiscriminately, due to which, he died. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 18.07.2024, hence they may be released on bail.

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4.The learned Additional Public Prosecutor would object to grant bail to the petitioners on the ground that it is a murder case and the occurrence took place only on 16.07.2024 and the investigation is in preliminary stage. 5.Considering the gravity of the offence committed by the accused and also considering the objection raised by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioners. Accordingly, this criminal original petition is dismissed.

Sd/- 02/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.The Inspector of Police, Tallakulam Police Station(L&O), Madurai District.

2. The Superintendent, Central Prison, Madurai. 3/4

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

02.08.2024 RD/SKN (22/08/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4