Madras High CourtCRL OP(MD)/17953/2022dismissed

Balamurugan @ Balakumar v. The Inspector Of Police

2022-10-06Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.17953 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.17953 of 2022

1. Balamurugan @ Balakumar

2. Arunkumar

3. Suresh

4. Vellimalai

5. Sivam @ Ponnathamai

6. Solai

7. Nalliappan ... Petitioners/Accused No.1 to 7 Vs State Rep.by The Inspector of Police, Natham Police Station, Dindigul District.

Crime No.264/2022.

... Respondent/Complainant For Petitioners : M/s.Azagarsami.Ak, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr No.264/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A7, who were arrested and remanded judicial custody on 23.08.2022 and 25.08.2022(A1 to A6 on 23.08.2022 and A7 on 25.08.2022) for the offences punishable under Sections 147,148,294(b),342 and 302 of IPC in Crime No.264 of 2022, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 06.08.2022 at about 12.40 pm., the accused persons attacked the deceased with stones, kicked on the legs of the deceased by tying his hands and legs. Due to which he sustained injuries and died. Hence the case came to be registered.

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CRL OP(MD). No.17953 of 2022 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 23.08.2022 and 25.08.2022, hence he seek bail.

4.The learned Additional Public Prosecutor would submit that it is a case of brutal murder. Further A5 and A7 were detained under Act.14 of 1982. He would also submit that the investigation is at preliminary stage.

5.Taking into consideration the facts and circumstances of the case and also considering the seriousness and gravity of offence committed by the accused persons and also the fact that the investigation is at the preliminary stage, this Court is not inclined to grant bail to the petitioners.

6.Hence the petition stands dismissed.

sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL. 2 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17953 of 2022 Date :06/10/2022 AAV RS/GB/SAR.(10.10.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2