Santhanakumar 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 Santhanakumar ... Petitioner/Accused No.4 Vs The State, through The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.198 of 2022). ... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, 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.198 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 05.07.2023 for the offences punishable under Section Man Missing @ 302 and 201 of IPC, in Crime No.198 of 2022 on the file of the respondent police, seeks bail. 1/3

2.The case of prosecution that the deceased Seeman was staying at her father-inlaw's house and on 08.12.2022 at about 7.00 p.m., he left the house and did not return to house. Hence, initially, the respondent Police registered a case under Man missing. During the course of investigation, the respondent Police has recovered the body of the deceased after six months. Subsequently, the Police arrested the petitioner on 05.07.2023 stating that the petitioner along with other accused killed the deceased after the wordy altercation in drunken mood.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not involved in any offences as alleged by the prosecution. Further the deceased had more than ten cases against him. The deceased and the petitioner are releatives. Hence, prays to release him on bail. 4.The learned Additional Public prosecutor would submit that the petitioner along with other accused killed the above said Seeman after the wordy quarrel in the drunken mood and thereafter smashed the face of the dead body. 5.Considering the gravity of offence and the manner, in which the offence said to have committed, the petitioner is not entitled for any discretionary relief, even 2/3

though the learned counsel for the petitioner submitted that there is no overt act attributed against this petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO 1.THE OFFICER IN CHARGE, DISTRICT JAIL, THENI.

2. THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16005 of 2023 Date :04/09/2023 RK/VR (15/09/2023) 3P /4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3