Kannan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM

¶1Kannan,

¶2Balraj,

¶3Sekar,

¶4Gunasekaran, ... Petitioners/Accused 1 to 4

Vs The Inspector of Police, Salaigramam, Ilayangudi Taluk, Sivagangai District. Crime No.103 of 2023. ... Respondent/Complainant For Petitioner : M/s.VIVEKANANDAN M, Advocate. For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PEITTION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.103 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who arrayed as accused, were arrested and remanded to judicial custody on 02.11.2023 for the offences punishable under Section 174 Cr.P.C., @ 302 IPC in Crime No.103 of 2023 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioners herein have committed the murder of the deceased. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case and hence, he seeks bail.

¶4The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioners herein and other accused are friends and the deceased is driver of A1. He would further submit that the body of the deceased was found in front of the house of A1 and hence, he strongly opposed to grant bail to the petitioner.

¶5On perusal of the records it reveals that it is no doubt the deceased working as driver under A1 – Kannan and admittedly, the deceased body was recovered from the house of A1 and from the post mortem report it is found that the following ante mortem injuries are noted on the body:

¶1Contusion measuring 28x12 cms noted over right side cheek to right side lower mark.

¶2Contusion measuring 18x10 cms noted over left side chin to left side upper neck.

¶3Contusion measuring 8x4 cms noted over right shoulder.

¶4Contusion measuring 5x3 cms noted over left arm.

¶5Contusion measuring 1xti.5 cms noted over inner aspect of lower lip.

¶6Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioners, this Court is not inclined to grant bail to the petitioner.

¶7Accordingly, this Criminal Original Petition is dismissed.

sd/-

07/12/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP TO 1 THE OFFICER INCHARGE, MADURAI PRISON, MADURAI. 2 THE OFFICER INCHARGE, RAMNAD PRISON, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, SALAIGRAMAM, ILAYANGUDI TALUK, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.VIVEKANANDAN, Advocate ( SR-17455[I] dated 08/12/2023 ) ORDER IN CRL OP(MD) No.22098 of 2023 Date :07/12/2023 SA/DD/SAR. /21.12.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.