Madras High CourtCRL OP(MD)/17162/2023dismissed

Prasath v. The Inspector Of Police

2023-09-25Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Prasath ... Petitioner / Accused No.3 Vs Through The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(In Crime No.216/2023) ... Respondent / Complainant For Petitioner : M/s.L.Chandra Sekar Advocate.

For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.216 of 2023 on the file of the Respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/ Accused was arrested and remanded to judicial custody on 07.08.2023 by the respondent police for the offences under Sections 294(b), 308 of IPC and Sections 27(2), 29(a) ARMS Act, 1959, in Crime No.216 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.08.2023, at about 03.00 p.m., the petitioner along with other accused were found in illegal possession of country revolver which was kept by the accused Nos.1 and 2 to murder the defacto complainant. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He is working only as an acting driver and there is no specific allegation against the petitioner.

4. Learned Government Advocate (Crl.side) would submit that the petitioner has hidden one of the weapons belongs to the first accused and the learned 2/4

Government Advocate has also produced a statement to that effect. He, further submitted that the earlier application filed by the first accused was dismissed vide order dated 19.09.2023. The persons who purchased the unlicensed gun is now absconding. Investigation must be made thoroughly.

5. Considering the facts and circumstances of this case, if the petitioner is released on bail, he may abscond from the eyes of law and he may tamper the witnesses and hamper the investigation process. Hence, this Court is not inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1.THE SUPERINTENDENT CENTRAL JAIL , MADURAI.

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2.THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17162 of 2023 Date :25/09/2023 RK/DD (11/10/2023) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4