Madras High CourtCRL OP(MD)/16576/2022dismissed

S. Dharmaraj v. The Inspector Of Police

2022-09-22Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16576 of 2022 S.Dharmaraj ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Palani Town Police Station, Dindigul District.

(Crime No.381 of 2022).

... Respondent/Complainant For Petitioner : M/s.Ramasamy T, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.381 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 23.08.2022 for the alleged offence under Sections 294(b), 302 IPC @ 324, 302, 120(b), 109, 147, 148, 452, 34 IPC, in Crime No.381 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to business enmity, on 20.08.2022 at about 11.50 pm., the accused persons trespassed into the house of deceased and murdered the deceased. Hence, this murder case was registered against the accused persons. 3.On the side of the petitioner it is stated that the petitioner is in custody from 23.08.2022. The petitioner is A1. The deceased and the petitioner were doing same business. He is https://www.mhc.tn.gov.in/judis

innocent and not committed any offence, as alleged by the prosecution. Hence, prays to release him on bail. 4.On the side of respondent, it is stated that A1 and A7 are husband and wife, A2 is the friend of A1. A7 doing saree business only due to business motive, this occurrence took place. With the help of henchmen, A1, A2 committed the offence of murder. A7 is still absconding. In this case, the investigation is not yet completed. Hence, prays to dismiss the petition. 5.Considering the facts and circumstances of the case and gravity of offence and the fact that the investigation is still in nascent stage, this Court is not inclined to release the petitioner on bail.

6.Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.16576 of 2022 Date :22/09/2022 SP/GB/SAR I/28/09/2022/2P/4C https://www.mhc.tn.gov.in/judis