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Madras High CourtCRL OP(MD)/18245/2023dismissed

Sivaperumal @ Siva v. The Inspector Of Police

2023-10-13Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sivaperumal @ Siva ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

(Cr.No.98 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Vishnuvardhan,Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.98 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.07.2023 for the alleged offence punishable under Sections 302 IPC altered into Sections 120(b), 1/3

302 IPC r/w Section 34 IPC in Crime No.98of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, the accused persons attacked the deceased with deadly weapons and caused death. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is is custody from 13.07.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that now, investigation completed and charge sheet also filed in S.C.No.307 of 2022, which is pending on the file of the Additional District Judge No.I, Thoothukudi. So far P.W.1 to P.W.11 were examined and the case was posted for further examination of prosecution witnesses. The evidences also deposed as against the petitioner herein. Hence, he strongly objected to grant bail to the petitioner. 5.Heard both sides and perused the materials available on record. 2/3

6.On perusal of records, this Court finds no ground to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 13/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.18245 of 2023 Date :13/10/2023 PKP/JGB/SAR- /20.11.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3