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Madras High CourtCRL OP(MD)/15470/2020dismissed

Marimuthu v. The Sub Inspector Of Police

2020-12-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.15470 of 2020 Marimuthu ... Petitioner/Accused No.1 Vs.

The State Rep. by The Sub-Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.195 of 2019.

... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No.195 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 109, 120(B), 147, 148, 212, 302 and 341 IPC, in Cr.No.195 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police alleging that on 12.09.2019 around 7.15 p.m. according to the information given by his brother's son Essakipandi when he went and saw near Tirunelveli four way road that his son Essakipandi was murdered and immediately he has given a complaint that his son was murdered by unknown persons and later the accused name was added. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he never committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) would submit that this is the case of 302 IPC and the petitioner is having four previous cases. Hence, he opposed to grant anticipatory bail to the petitioner.

5.It is seen that the petitioner has attacked the deceased with deadly weapon. Further, this is the case of 302 IPC and he is also having four previous cases. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Hence, the Criminal Original Petition stand dismissed. sd/- 22/12/2020 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUB INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15470 of 2020 Date :22/12/2020 VSD TE/KV/SAR-III : 07/01/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/