Karuppiah v. The Inspector Of Police
CRL OP(MD). No.17659 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17659 of 2022 Karuppiah ... Petitioner/Accused No.5 Vs The State Rep.by The Inspector of Police, Bodinayakkanur Rural Police Station, Bodinayakkanur, Theni District.
(In Crime No. 274 of 2022) ... Respondent/Complainant For Petitioner : M/s.Karunanidhi.R, Advocate.
For Respondent : B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.274 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 302 and 109 of IPC, in Crime No.274 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that due to family dispute, the first accused and his wife Karpagam were living separately. The land property patta stands in the name of the first accused and his wife Karpagam. Hence, the first accused has insisted his wife to sell his property, but she refused to sell the same. In these circumstances, on 19.09.2022, the first accused went to his wife's house and killed her on the instigation of his brothers. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is the land broker and he is also a third party in this case. He would further submit that the petitioner is not beneficiary to the said land transaction. He is an innocent person and he has been falsely implicated in this case.
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CRL OP(MD). No.17659 of 2022
4. The learned Government Advocate (Crl.side) appearing for the respondent police strongly objected for grant of anticipatory bail to the petitioner by stating that the accused Nos.1 and 2 are still in judicial custody and the accused Nos.3 and 4 are absconding. He would further submit that the investigation is at preliminary stage and the custodial interrogation of the petitioner is necessary.
5. Considering the facts and circumstances of the case and Considering the nature of the offence and also the facts that two more accused are yet to be secured and the investigation is at preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
btr/cp 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, Bodinayakkanur Rural Police Station, Bodinayakkanur, Theni District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-10944[I] dated 06/10/2022 )
ORDER
IN CRL OP(MD) No.17659 of 2022 Date :06/10/2022 https://www.mhc.tn.gov.in/judis RD/SVR (11/10/2022) 2P 4C 2/2