Sathya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sathya ... Petitioner/Accused No.5 Vs State represented by The Inspector of Police, Vallam Police Station, Thanjavur District, Crime No.361/2023.

... Respondent/Complainant For Petitioner : M/s.R.Mathiyalagan 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.361/2023 on the file of the respondent police 1/4

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 15.08.2023 for the alleged offence under Sections 147, 148, 120(B) r/w 34, 365, 302 and 201 of IPC, in Crime No.361 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased was making frequent trouble to the first accused to give her daughter in marriage to petitioner. But finding that the deceased is not having good conduct, the proposal was not accepted. But frequent trouble was made by the deceased stating that he will spread the photographs of him and the daughter of the defacto complainant, which was taken during their intimacy. So the accused planned to murder the deceased by arranging hooligans.

This petitioner alleged to have instigated the said murder and also provided shelter to the co-accused. As planned, on 06.08.2023, the deceased was murdered and the body was also thrown to the river. During the course of investigation, the active instigation, involvement of this petitioner also came to light. The petitioner was arrested and remanded to judicial custody.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate submitted that specific overt act has been attributed against this petitioner that he has given shelter to the co-accused to commit the murder.

5. Considering the facts and circumstances of this case and also considering the overt act alleged against this petitioner, this Court is not inclined to grant bail to the petitioner. If he is released on bail either he will abscond from the eyes of law or he will hamper the investigation process.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 27/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Inspector of Police, Vallam Police Station, Thanjavur District, 2.The Officer in Charge, District Prison, Pudukkottai.

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

ORDER

IN CRL OP(MD) No.17386 of 2023 Date :27/09/2023 SSA /VRS(26/10/2023) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4