Naveenkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14405 & 14439 of 2022 NAVEENKUMAR [ PETITIONER / ACCUSED IN CRL.O.P.No.14405/2022 ] KALPANA [ PETITIONER / ACCUSED IN CRL.O.P.No.14439/2022 ] Vs STATE REP BY [ RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

CRIME NO.338 OF 2022.

For Petitioner : M/S.G.PUNNIAKOTI, Advocate [IN BOTH THE PETITIONS] For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 25.04.2022 for the offences punishable under Section 174 of Cr.P.C. altered into Sections 302 & 201 of IPC in crime No.338 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant is the Village Administrative Officer of Pondur Village, who lodged complaint stating that a female body was found and on investigation, it was found that the deceased was one, Priya. A1 and A2 were doing brothel business and the said Priya also involved in that business. A2 along with A1 planned to murder her. Therefore, she was taken to the house of the A2, where A1 assaulted her with hands indiscriminately and fisted on her nose, which caused bleeding injury. Therefore, A1

pressed her nose with shawl, due to which, suffering breathing problem, she died. In order to screen the body, they have taken the body in a pulsar bike and threw the same in Pondur Village. Hence the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that originally FIR was registered on the file of the Sriperumbudur Police Station and thereafter it was transferred. The deceased Priya and the accused persons were doing brothel business. On the date of occurrence, there was a wordy quarrel. At that time, A1 attacked the deceased on her nose and there was a bleeding on her nose. Therefore, A1 pressed her nose with shawl, due to which she died on the spot, pursuant to which they took the body from Sriperumbudur to the place which is under the jurisdiction of the respondent police and threw the same.

5. It is seen that the deceased was beaten on her nose and as such she died. Thereafter, her body was thrown out within the jurisdiction of the respondent police. The villagers found the body and informed to the Village Administrative Officer and he lodged the complaint. Therefore, the petitioners have brutally murdered the deceased and had thrown out the body. As such, this court is not inclined to grant bail to the petitioners.

6. Accordingly, both the criminal original petitions are dismissed.

-sd/- 23/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges CRL OP.14405 & 14439/2022 Date :23/06/2022 TA-28/06/2022