Balasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Balasubramanian ... Petitioner/Accused Vs State Represented through the Inspector of Police, Melapalayam Police Station, Tirunelveli District.

(In Crime No.341 of 2023)..

... Respondent/Complainant For Petitioner : Mr.A.Abdul Kabur, 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.341 of 2023 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/Accused who was arrested and remanded to judicial custody on 07.06.2023 for the offences punishable under Sections 302 of IPC @ 302, 147, 148, 294(b), 342 of IPC in Crime No.341 of 2023 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the defacto complainant was in patrolling duty on 06.06.2023 at about 14.00 hours to 22.00 hours, near Cremation ground, backside of Xavier Colony, Thuthiyan Church, he found a male corpus aged about 30 years with multiple cut injuries. Hence, complaint.

3. The learned counsel for the petitioner would contend that the petitioner is innocent and a false case has been foisted against him. He would further submit that based on the confession of A1, the petitioner was implicated in the case and he is no way connected with the said occurrence. The petitioner is in custody for more than 75 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that this is a case of 2/4

revenge murder and there is a life threat to the petitioner. The investigation is not yet completed. Since the offences are grave in nature, he strongly opposed to grant bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and considering the fact that investigation is not yet completed, there is a life threat to the petitioner and also considering the gravity of the offence, I am declined to grant bail to the petitioner. Accordingly, this petition is dismissed.

sd/- 30/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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2.THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15722 of 2023 Date :30/08/2023 SSA/JGB (07/09/2023) 4P /4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4