Madras High Court
Blacken @ Mohammed Maideen vs State Represented By on 29 June, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No. 9475 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 9475 of 2020
Blacken @ Mohammed Maideen
S/o.Davood Ahamed @ Jainul Alaudeen,
No.12, Pachai Pillayar Kovil,
Melkarai, Velipalayam,
Nagapatinam District. ... Petitioner/ 1st Accused
Vs.
State represented by
The Inspector of Police,
Nagapattinam Police Station,
Nagapattinam District.
(Crime No.198 of 2019) ... Respondent/Complainant
PRAYER: Criminal Original Petition is filed under Section 438 of the Code of
Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime
No.198 of 2019, on the file of the respondent police.
For Petitioner : Mr.K.Thenrajan
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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Crl.O.P.No. 9475 of 2020
ORDER
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 174 Cr.P.C subsequently altered into offences under Sections 342, 302 and 147 of IPC in Crime No.198 of 2019, seeks anticipatory bail.
2 The case of the prosecution is that on the complaint lodged by the brother- in-law of the deceased, initially a case has been registered under Section 174 of Cr.P.C. Later, it was altered for the offences under Sections 342, 302 and 147 of IPC. There are totally five accused persons. The first accused viz., the petitioner herein had previous enimity with the deceased family. Therefore, the deceased was taken to the house of the first accused and there he was strangulated by the accused persons and thrown away the body of the deceased.
3 The learned counsel appearing for the petitioner would submit that initially a case was registered under Sections 174 of Cr.P.C. subsequently, altered to the offences under Sections 342, 302 and 147 of IPC. There is absolutely no eye witness to the occurrence and the petitioner has been implicated as an accused only on extra judicial confession statement made by the co-accused persons. Insofar as the petitioner is concerned, he is nothing to do with the crime as alleged by the prosecution. He further 2/6 http://www.judis.nic.in Crl.O.P.No. 9475 of 2020 submitted that the wife of the petitioner already submitted a representation dated 18.12.2019 to the Superintendent of Police, Nagapattinam District, with allegation as against the police officials herein in respect of harassing her in pursuant to the complainant lodged by her husband viz., petitioner herein. Therefore, he has been falsely implicated in this case as first accused. Even according to the case of the prosecution, there is absolutely no specific overt as against the petitioner and as such, he sought for anticipatory bail.
4 The learned Additional Public Prosecutor appearing for the respondent would submit that there are totally five accused persons. In which, the petitioner is arrayed as first accused, A2 and A3 were already arrested and A4 & A5 have to be secured. On the confession statement of the accused 4 and 5, the investigation revealed that there is previous enimity between the petitioner family and the deceased family and oftenly they used to have wordy quarrel between them. In pursuant to the same, the deceased was taken by the accused persons into house of the first accused and there the deceased was strangulated and murdered by the accused persons. All the accused persons are having specific overt in the occurrence and thereafter, they thrown away the body of the deceased. Therefore, he strongly opposed to grant anticipatory bail to the petitioner.
3/6 http://www.judis.nic.in Crl.O.P.No. 9475 of 2020 5 It is seen that there are totally five accused persons. In which the petitioner is arrayed as first accused. According to the case of the prosecution, the first accused family and the deceased family had previous enimity. Due to which, frequently there was wordy quarrel between them. In this regard, on the instruction given by the first accused, other accused persons have taken the deceased to the house of the first accused and there, they had strangulated and also murdered him. Thereafter, they also thrown out the body of the deceased. Therefore, all the accused persons are having specific overt. Further, the petitioner/A1 is also having two previous cases. Therefore, this Court is not inclined to grant anticipatory bail to he petitioner. Hence, this Criminal Original Petition stands dismissed.
29.06.2020 Internet: Yes Index: Yes/No Speaking/Non-speaking order Dua 4/6 http://www.judis.nic.in Crl.O.P.No. 9475 of 2020 To
1.The Judicial Magistrate, Sirkali.
2.The Inspector of Police, Nagapattinam Police Station, Nagapattinam District.
3.The Public Prosecutor, High Court, Madras.
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