Murali v. Inspector Of Police

Crl.OP.No.17440 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail, pending investigation in Crime No.229 of 2023 on the file of Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri District. 2.It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.229 of 2023 for the offences under Section 341 and 302 of I.P.C. He is in judicial custody from 11.07.2023. He further submitted that there is no incriminating material available either in the First Information Report or in the remand report. Thus, he seeks bail.

3.In response, the learned Additional Public Prosecutor submitted that the petitioner is one of the conspirators in committing the murder of the deceased. In committing the murder of deceased, petitioner received Rs.2,00,000/- from accused Gandhi. Using this amount petitioner had also purchased a bullet motor cycle. Investigation in this case is pending. Hence, he seeks dismissal of this petition.

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4.Considered the rival submissions and perused the records. 5.First Information Report allegations show that there is a property dispute between the deceased and one Kullamma, Venkatamma and Munniamma and other legal heirs. The deceased filed a suit in 2021 before the Hosur Court and got a decree in his favour. Therefore, his relatives got angered against the deceased. On 08.07.2023 at about 08.00 a.m., the deceased and defacto-complainant's mother had cut grass for grazing, in their land and the deceased was carrying grass in his omini car bearing No.KA 03 P6294. Later it was found that defacto-complainant's father namely, the deceased was murdered.

6.He further submitted that during the course of investigation, it was found that the accused in this case has conspired on 07.07.2023, in Sunshine lodge and decided to murder Sivaraman/deceased. The participants involved in conspiracy are Srikanth, Mahendran, Dillipkumar, saloon shop Murali and Harish. Then, in pursuance of the conspiracy, the deceased was murdered. Confessional statement of this petitioner was recorded, wherein, it 2/4

is stated by him that he received Rs.2,00,000/- from accused Gandhi and using that amount he purchased a bullet motor cycle. That motor cycle was recovered form the petitioner.

7.From the facts obtained from the submission of the learned counsel appearing for parties, First Information Report allegations, alterations report and confessional statement of the petitioner and co-accused, it is clearly evident that this petitioner had direct role in the murder of the deceased. It is a recent case registered only on 08.07.2023. The investigation is at nascent stage. Thus, this court is not inclined to grant bail to the petitioner. 8.Accordingly, this Criminal Original Petition is dismissed. 10.08.2023 ep 3/4

G.CHANDRASEKHARAN, J.

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