S.Prabu v. The Inspector Of Police

CRL OP(MD). No.18692 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.18692 of 2021 S.Prabu ... Petitioner/Accused Rank No.1 Vs State Rep.by The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

Crime No.89 of 2021.

... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.89 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.4 herein, who was arrested on 22.10.2021 for the alleged offence under Section 302 IPC, in Crime No.89 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused murdered the deceased, who is the husband of the defacto complaint in front of the Court premises. Hence, this complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he seeks bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that it is a retaliation murder. The deceased alleged to have involved in the murder of the relative of the petitioner herein. In the previous occasion, in the above said crime, he was released on bail. Thereafter, when the deceased was coming from the concerned Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.18692 of 2021 after complying the condition, this occurrence said to have taken place and the investigation not yet completed. 6.Since it is a retaliation murder and the investigation has not yet been completed, if the petitioner is released on bail, every likelihood of tampering the evidence and considering the specific overt act attributed against this petitioner, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 13/12/2021 / 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, VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.

2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.D.RAJABOOPATHY, Advocate (SR-9289[I] dated 15/12/2021 )

ORDER

IN CRL OP(MD) No.18692 of 2021 Date :13/12/2021 DSS MS/CN/SAR-4/22.12.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2