Sivakumar @ Gundu Siva 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 Sivakumar @ Gundu Siva ... Appellant Vs.

1.The Deputy Superintendent of Police, Erode Range, Erode 2.The Inspector of Police, Chithode Police Station, Erode District (cr.No.137 of 2025) 3.Saranya ... Respondents PRAYER: Criminal Appeal filed under Section 14-A of SC/ST Act, to set aside the order dated 16.05.2025 passed in Crl.MP.No.1045 of 2025 on the file of the Vacation Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode.

For Appellant : M/s.M.Janani 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 passed in Crl.MP.No.1045 of 2025 on the file of the Vacation Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode, thereby dismissed the petition filed for bail. 2.

The case of the prosecution is that on 19.03.2025, while the deceased along with his wife was going to Tiruppur by car from Salem near Nasiyanur, 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 arrayed as 10th accused. He has nothing to do with the crime as alleged by the prosecution. However, he was arrested and remanded to judicial custody on 24.03.2025.

4.

On perusal of the records, it is revealed that there are totally 14 accused, in which the appellant is arrayed as 10th 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.Vacation Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode 2.The Deputy Superintendent of Police, Erode Range, Erode 3.The Inspector of Police, Chithode Police Station, Erode District 4.The Public Prosecutor, Madras High Court.

06.06.2025