Madras High CourtCRL OP(MD)/14789/2024dismissed

Mahalingam v. State Of Tamil Nadu

2024-09-04Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Mahalingam

2. Nagalakshmi ... Petitioners/Accused Nos.2 & 3

3. Arunadevi ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Tallakulam Police Station (L & O), Madurai District.

Crime No.767/2024 ... Respondent/Complainant For Petitioners :

M/s.Rajeswari.A.S, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.767 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A3, who were arrested and remanded to judicial custody on 18.07.2024 for the offence punishable under Section 103(1), 351(2) of BNS Act and later altered into Sections 191(2), 191(3), 103(2), 351(2), 249 of BNS r/w 61(1), 49 of 1/3

BNS Act, 2023 & 83(ii) of JJ Act, in Crime No.767 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant is the wife of the deceased. The four unknown persons are said to have attacked the deceased with sword and murdered him. Hence, the complaint.

3. Heard both sides.

4. Considering the nature of the allegations against the petitioners that they engaged the other hirelings and committed the murder and considering the fact that there are materials such as CDR particulars and bank transactions as against these petitioners and also considering the facts that the petitioners are having previous cases and that the third petitioner has also withdrawn the money from her bank account proximity with the incident and that the investigation is yet to be completed, this Court is not inclined to enlarge the petitioners on bail.

5. Accordingly, this Criminal Original Petition is dismissed. sd/- 04/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION (L & O), MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14789 of 2024 Date :04/09/2024 RS/VR/SAR-(14.09.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3