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Madras High CourtCRL OP(MD)/16283/2023dismissed

Chinnaiah @ Suliyan v. The Inspector Of Police

2023-09-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Chinnaiah @ Suliyan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

(FIR in Crime No.14 of 2023).

... Respondent/Complainant For Petitioner :

M/s.K.Rajeshwaran, 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.14 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused who was arrested on 29.03.2023, by the respondent police for the offences punishable under sections 302 of I.P.C., in Crime No.14 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant's version stated in the complaint is that his brother Chinnakaruppan is an unmarried who is living with his mother in a nearby Kanmoi area. On 26.03.2023 at about 7.00 p.m., the defacto complainant contacted his mother. At that time, the mother informed him that his brother was also present with her. On 27.03.2023 at about 6.30 a.m., he was informed by the relatives that both his brother and mother are lying in front of their house. He went there and found both of them dead. On the basis of the above said complaint, a case was registered. During the course of investigation, the involvement of the petitioner was revealed. The petitioner was arrested and remanded to custody. Seeking bail, this petition came to be filed.

3. The learned counsel for the petitioner would submit that it is purely a false case, based upon the confession statement, this petitioner has been implicated in this case. No material has been collected to implicate this petitioner.

4. Learned Additional Public Prosecutor would submit that the earlier petition was dismissed by order dated 02.08.2023, considering the gravity of the offence. Final report has been filed in S.C.No.188 of 2023 before the learned Principal District Judge, Sivagangai.

5. Let the trial process be completed within a period of five months. I find no reason to enlarge the petitioner on bail, since there is no change in circumstances.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI.

2 THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.16283 of 2023 Date :08/09/2023 RS/JGB/SAR-(25.09.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023