Arumugam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arumugam ... Petitioner / Accused No.3 Vs State rep by The Inspector of Police, Somarasampettai Police Station, Trichy District.
(Crime No.189 of 2023.) ... Respondent / Complainant For Petitioner :
Mr.S.Pandiyaraj, Advocate For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.189 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested on 01/07/2023 for the offences punishable under sections 201 and 302 IPC, in Crime No.189 of 2023 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 01/07/2023 at about 03.00 pm the defacto complainant, who was working as Grade I Police Constable, attached to 1/4
Ramji Nagar Police Station, was returning to his native place. At that time, he found a Car bearing registration No.TN-45-AH-6651 parked in a suspicious manner. He informed the same to the Constable namely Raja and he arrived and both of them inspected and searched. When they are searching the above said Car, it is sped away on Navalur-Kallur main road. They chased the Car and intercepted, one of the occupants of the Car escaped from that place. The driver disclosed his name as 'Arumugam'. The other occupants were Dhanalakshmi, Sumathi and the other, who escaped is one Senthil. On inspection, they found a dead body, rolled with gunny bag. On further enquiry, the above said Dhanalakshmi stated that she was married to the deceased Sivalingam. They had a child. The deceased namely her husband developed some doubt against her fidelity.
On 01/07/2023, there was wordy quarrel between them. At that time, she decided to kill her husband with the help of the escaped person. They caused the death. For the purpose of hiding the dead body, they sought the help of Arumugam, who is the Omni Car driver. The driver Arumugam along with his wife came to her house. They tied the legs and hands of the deceased, rolled in a gunny, put the same in the Car. On the basis of the disclosure statement, the case has been registered and during the course of the investigation, the involvement of four persons came to light.
3. The learned counsel for the petitioner would submit that the petitioner is an 2/4
innocent and absolutely, there was no motive between him and the deceased. Without knowing contents of the bag, he helped the above said Dhanalakshmi for transporting the same.
4. The learned Additional Public Prosecutor would submit that investigation is almost over.
5.Considering the facts and circumstances of this case, that the investigation is almost completed and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 04/09/2023 / TRUE COPY / 04/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU 3/4
To 1.The Judicial Magistrate No.V, Trichy.
2.Do through the Chief Judicial Magistrate, Trichy District. 3.The Inspector of Police, Somarasampettai Police Station, Trichy District.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.J.YESU SUBANANTH, Advocate ( SR-13146[I] dated 04/09/2023 )
ORDER
IN CRL OP(MD) No.15719 of 2023 Date :04/09/2023 ED/ /SAR- (04/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4