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Madras High CourtCRL OP(MD)/19324/2022dismissed

Mariyappan v. The Inspector Of Police

2022-11-02Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19324 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19324 of 2022

1. Mariyappan

2. Mariammal ... Petitioners/Accused Rank not known Vs The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

(Crime No.134/2022).

... Respondent/Complainant For Petitioner : M/s.Pragalathan N, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.134/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 341, 294(b), 302 and 506(ii) IPC in Crime No. 134 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner's son eloped with girl, who is the relative of the defacto complainant. Due to the said motive, the defacto complainant's son and others murdered one Mariammal, who is the first petitioner's brother's wife, when she went to dairy farm. Hence, the compliant.

3. The learned counsel appearing for the petitioners would submit that the petitioners are husband and wife and they have not https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19324 of 2022 committed any offence as alleged by the prosecution and they are innocent and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that totally 15 accused involved in this case and it is a retaliation murder. He would further submit that based on the confession of A1, the petitioners herein are arrayed as accused and the investigation of the case is in preliminary stage. He further submitted that except these petitioners, all other accused are arrested and remanded to judicial custody and he strongly opposed to grant anticipatory bail to the petitioners.

5. Considering the submission made by the learned Government Advocate (Crl. Side) appearing for the respondent and also considering the serious nature of allegations made against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

5. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.19324 of 2022 Date :02/11/2022 SS/SSS/SAR I/17.11.2022/ 2P/ 3C https://www.mhc.tn.gov.in/judis 2/2