Velmurugaboopathi v. The Inspector Of Police

CRL OP(MD). No.21235 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.21235 of 2022 Velmurugaboopathi, ... Petitioner/Accused Rank Not Known Vs

1. The State Rep. By, The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

Crime No.163/2022).

... Respondent/Complainant

2. Sagunthala ... Petitioner/Intervener/ Defacto Complainant in Crl MP(MD) No.14978/2022 in Crl OP(MD) No.21235/2022 For Petitioner : M/s.Vishnuram G, Advocate.

For Respondent No.1 : Mr.E. Antony Sahaya Prabahar, Additional Public Prosecutor For intervenor : Mr. D.S. Haroon Rashed, Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.163/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused was arrested and remanded to Judicial Custody on 27.09.2022 for the offence punishable under sections 147, 148, 120-B and 302 IPC in Crime No. 163 of 2022 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the petitioner is a leader of hooligans and as per his direction, the other accused have murdered the defacto complainant's husband. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit there is no specific over tact attributed against the petitioner and his name is also not found in the First Information Report and he seeks bail.

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CRL OP(MD). No.21235 of 2022

4. The learned counsel for the intervenor submitted that the petitioner only engaged the hooligans and do away the life of the deceased and hence, prays for dismissal of this petition.

5. The learned Additional Public Prosecutor would submit that totally 11 accused involved in this case and the petitioner herein is a main accused and he is a leader of hooligans and he only arranged the accused persons for committing the murder of the de facto complainant's husband. He would further submit that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 14.11.2022 and 18 witnesses have been examined and the investigation of the case is still pending. He further contended that if the petitioner is released on bail there will be a chances for absconding and hence, he strongly objected to grant bail to the petitioner.

6. Considering the facts and circumstances and also considering the fact that the petitioner has committed serious nature of offence and that the investigation of the case is still pending, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed.

sd/- 01/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE OFFICER-INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

2. THE INSPECTOR OF POLICE K.PUDUPATTI POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21235 of 2022 Date :01/12/2022 trp USK/SSS/SAR-II/19.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2