K. Anbu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16367 of 2021 K.Anbu ... Petitioner/Sole Accused Vs State through The Inspector of Police, Taluk Police Station, Kumbakonam, Thanjavur District.

(Crime No.991 of 2021).

... Respondent/Complainant For Petitioner : M/s.I.Velpradeep, Advocate.

For Respondent : M/s.T.Senhil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For the bail in the Crime No.991/2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 27.09.2021 for the offence under Section 302 IPC, in Crime No.991 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had purchased agricultural products from UNILINK company, where the defacto complainant and deceased were employees. The petitioner had kept arrear to the tune of Rs.14/- lakhs and in order to escape from the liability, the petitioner committed the offence of murder. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner purchased the agricultural products to the tune

of Rs.14/- lakhs from the deceased company.The deceased was found dead on 24.09.2021. Prior to the occurrence, the deceased had consumed liquor and there was a single injury on his neck.Based on the enquiry, the respondent police foisted a case as against the petitioner. He would further submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner is in custody from 27.09.2021 and hence, he seeks for grant of bail.

4.The learned Additional Public Prosecutor would submit that the deceased was found with cut injury in the nearby river bank. The investigation reveals that this petitioner is having motive as against the deceased that he owe a sum of Rs.14/-lakhs in the business transaction. He called the deceased for having liquor and the investigation agency collected the tower location and it reveals that the petitioner was present at the place of occurrence. The call details also established that the petitioner had invited the deceased for consuming the liquor and in order to escape from the liability, he committed the offence. He would further submit that the investigation is yet to be completed.

5.Considering the materials as against this petitioner, the fact that the call details and the tower location reveal that this petitioner was present near the place of occurrence, the investigation is relying on the circumstantial evidence, the cause for death and the stage of investigation, this Court is not inclined to enlarge the petitioner on bail.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 27/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM/msa 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, TALUK POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

2. THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.16367 of 2021 Date :27/10/2021 SP/VR/SAR II/10/11/2021/3P/4C