Madras High CourtCRL OP(MD)/15735/2020withdrawn dismissed

Rajeshkanna v. The Inspector Of Police

2020-12-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.15735 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.15735 of 2020 Rajeshkanna ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Kabistalam Police Station, Thanjavur District.

(Crime No.786 of 2020). ... Respondent/Complainant For Petitioner : M/s.Mohideen Basha.N, Advocate.

For Respondent : Mr.Kr.Bharathi Kannan, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 149, 341, 342, 120-B and 302 of IPC in Cr.No.786 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is brother-in-law of the defacto complainant Hemavathi. Her husband Vinoth Kanna and the petitioner are brothers. There is a property dispute between them. Due to the motive, the petitioner and other accused persons came to the house of the deceased on 01.06.2020 in the early morning and broke open the door and abused the deceased using filthy language and also threatened to kill the deceased Vinoth Kanna with Aruval and thereafter, left the scene of occurrence. Further, on 04.09.2020 at about 01.00 p.m., the deceased Vinoth Kanna came to the house of the defacto complainant's father and spent time with his family members and left her house at about 02.30 p.m., and thereafter, at about 03.00 p.m., he was murdered by some persons.

3.The learned Government Advocate (Crl.side) appearing for the respondent, on instructions, would submit that this is a case of 302 IPC and the custodial interrogation of the petitioner is required for investigation.

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CRL OP(MD). No.15735 of 2020

4. The learned counsel appearing for the petitioner seeks leave to withdraw this petition.

5. In view of the same, this Criminal Original is dismissed as withdrawn.

sd/- 23/12/2020 / 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 INSPECTOR OF POLICE, KABISTALAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.15735 of 2020 Date :23/12/2020 AM PK/SMA/SAR-II/07.01.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2