Karupaiya v. The Inspector Of Police

CRL OP(MD).No.18869 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD).No.18869 of 2022 Karuppiah ... Petitioner/ Accused No.5 Vs The State Rep.by The Inspector of Police, Bodinayakanur Rural Police Station, Bodinayakanur, Theni District.

(In Crime No.274 of 2022) ... Respondent/ Complainant For Petitioner : Mr.R.Karunanidhi, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.274/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 302 and 109 IPC., in Crime No.274 of 2022, on the file of the respondent police, 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's 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.

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CRL OP(MD).No.18869 of 2022 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. Hence, the learned counsel prays for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that this is the second anticipatory bail application and the earlier application in Crl.O.P.(MD)No.17659 of 2022 was dismissed by this Court on 06.10.2022 and the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and considering the nature of the offence and also the facts that the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 20/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd TO 1.The Inspector of Police, Bodinayakanur Rural Police Station, Bodinayakanur, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.18869 of 2022 Date :20/10/2022 RD/SSS/SAR- I(02/11/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2