Periyasamy v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Periyasamy ... Appellant Vs.

1.The Deputy Superintendent of Police, Bhavani, Erode District 2.The State represented by Inspector of Police, Chithode Police Station, Erode (cr.No.137 of 2025) 3.Saranya ... Respondents PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC and ST Act, 1989, to set aside the order dated 16.05.2025 made in Crl.MP.No.1206 of 2025 passed by the Principal District and Sessions Judge, Erode and to allow the criminal appeal and enlarge the appellant on bail.

For Appellant : Mr.J.Franklin For Respondents For R1 & R2 : Mr.S.Raja Kumar, Additional Public Prosecutor For R3 : Mr.R.Surya Prakash

JUDGMENT

This Criminal Appeal has been filed against the order dated 16.05.2025 made in Crl.MP.No.1206 of 2025 passed by the Principal District and Sessions Judge, Erode, thereby dismissed the petition filed for bail.

2.

The case of the prosecution is that on 09.03.2025, while the deceased along with his wife were going to Tiruppur by car from Salem near Nazinianoor, the accused dashed their car on the deceased's car. All the accused persons conspired together and intended to cause riot, assaulted the deceased with knife, that too in front of his wife i.e. the third respondent herein. The deceased died on the spot due to the injuries sustained by him.

3.

The learned counsel for the appellant would submit that there are totally 14 accused and the appellant is one of the accused. He has nothing to do with the crime as alleged by the prosecution and his name is not found in the FIR. However, he was arrested and remanded to judicial custody on 24.03.2025.

4.

On perusal of the records, revealed that there are totally 14 accused, in which the petitioner is one of the accused. It is a case of retaliation murder. The deceased was an accused in the case of murder of one, Chelladurai, who is a close relative of the first accused. All the accused persons chased the car of the deceased and dashed against the deceased's car. When the deceased got down from the car, all the accused persons brutally attacked the deceased with deadly weapons, that too in front of his wife i.e. the third respondent herein, due to which the deceased died on the spot. Therefore, the trial court rightly dismissed the petition for bail and this Court finds no infirmity or illegality in the impugned order.

5.

Accordingly, this criminal appeal is dismissed. 06.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To

1. Principal District and Sessions Judge, Erode 2.The Deputy Superintendent of Police, Bhavani, Erode District 3.Inspector of Police, Chithode Police Station, Erode 4.The Public Prosecutor, Madras High Court.

06.06.2025