Mukesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Mukesh ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Nadukavery Police Station, Thanjavur District.

Crime No.193 of 2023 ... Respondent/Complainant For Petitioners :

Mr.A.Sivasubramanian, 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.193 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 20.07.2023 for the alleged offence punishable under Section 174 Cr.P.C., altered into Sections 302 and 201 IPC in Crime No.193 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 19.07.2023, at about 10.20 am., the defacto complainant's daughter, who is deceased in this case, sent a text message stating that she is going to commit suicide. The defacto complainant went to her 1/3

house at about 11.00 am., and found that her daugher was died by cutting the neck and she was holding knife in her right hand. There was love affair between the petitioner and the deceased and the same was opposed by the parents of the deceased. Therefore the deceased refused to talk to the petitioner. thereafter, the petitioner continuously tortured her and on the date of occurrence, he murdered the deceased and portrayed the same as suicide. Hence, the case. 3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 20.07.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner had love affair with the deceased and the same was refused by her. Having aggrieved over the same, the petitioner murdered the deceased by cutting her neck and projected the same as she committed suicide. Therefore, he strongly objected to grant bail to the petitioner. 5.On perusal of FIR, it is noticed that the petitioner murdered the deceased, since she refused to love him and on the date of occurrence, he murdered the deceased by cutting her neck with knife and portrayed the same as suicide. Under these circumstances, this Court finds no ground to grant bail to the petitioners. 2/3

Accordingly, this criminal original petition is dismissed. sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE INSPECTOR OF POLICE, NADUKAVERY POLICE STATION, THANJAVUR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18536 of 2023 Date :18/10/2023 RS/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