P.Marimuthu v. The Inspector Of Police

CRL OP(MD). No.15693 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on :06/09/2022 Delivered on : 08/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.15693 of 2022 P.Marimuthu ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Malaiyur Police Station, Pudukkottai District.

(Crime No.80/2022) ... Respondent/Complainant For Petitioner :

M/s.Kamesh N, Advocate.

For Respondent :

Mr.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :-For Bail in Crime No.80/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 04.06.2022, in Crime No.80 of 2022, under Sections 376 and 302 I.P.C., on the file of the respondent police, seek bail.

2. The allegation against the petitioner is that the petitioner raped and killed the mother of the defacto complainant. A case in Crime No.4 of 2022, was registered against the petitioner.

3. On the side of the petitioner, it is stated that there is no possibility of 80 years lady to travel 3 1⁄2 Km for bathing purpose. The defacto complainant was said to have visited his wife's sister Jothi's house. The said Jothi's house was 1⁄2 Km from the place of occurrence. There was a civil dispute between the petitioner and Jothi. In the second bail petition filed by the petitioner, the prosecution has stated that the murder was only for gain, but, the missing of jewels was not mentioned in the F.I.R. The petitioner is a law abiding citizen, living with his wife and 2 children and is https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15693 of 2022 doing agriculture. The petitioner is not having any previous case and the petitioner is in custody from 04.06.2022 and prayed the petitioner to be released on bail.

4. On the side of the prosecution, it is stated that the deceased was 80 years old lady. There are eye witnesses for the occurrence. The old lady was brutally harassed by the petitioner. Her genetical organs are severely injured and prayed the petition to be dismissed.

5. Copy of the post mortem report was filed by the prosecution. Considering the brutal nature of the offence and considering the age of the deceased (80 years), this Court is not inclined to release the petitioner on bail.

6. Hence, this Petition is dismissed.

sd/- 08/09/2022 / TRUE COPY / /09/2022 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 INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT. 2 THE OFFICER INCHARGE, SUB JAIL, PUDUKOTTAI.

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

ORDER

IN CRL OP(MD) No.15693 of 2022 Date :08/09/2022 LS MK/VRS/SAR.IV/14.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2