A.Arunpandian v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.08.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.19882 of 2024 A. Arunpandiyan S/o. Asokan ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Anupparpalayam Police Station, Tiruppur, Tiruppur District.

... Respondent [Cr. No.542 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner/Accused in Cr. No.542 of 2024 on the file of the respondent police.

For Petitioners : Mr. S. Suresh For Respondent : Mr. S. Vinoth Kumar Government Advocate (Criminal side)

ORDER

The petitioner / Accused, who was arrested and remanded to judicial custody on 06.07.2024 for the offences punishable under sections 61(2), 191(2), 191(3), 296(b), 103(1) of B.N.S. in Cr. No.542 of 1/6

2024 on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the deceased Bhuvaneswaran @ Anbu fell in love with a girl studying IX Standard at Tiruppur, that the deceased seduced the girl and made her to send her nude video to his mobile phone and one Surya and Tamilarasan are the friends of the deceased, that the said Tamilarasan was also in love with the said minor girl and when the deceased, Surya and Tamilarasan were in a drunken stage, without the knowledge of the deceased, the said Surya and Tamilarasan copied the nude video of the minor girl in their mobile phone and demanded money from the deceased for erasing the same, that the accused Prasanna, Mani, Surya, Deva, Raju, Tamilarasan and Mukesh altogether abducted the deceased and the defacto complainant, confined them in a room, assaulted and demanded money from them, that the defacto complainant escaped and lodged a complaint before the Avinasi Police Station, that both the parties were severely warned by the police, that on 02.

07.

this juncture, on 02.07.2024 at about 7 p.m., the said chelladurai along with other accused persons Surya, Deva, Mani, Mukesh along with other identifiable persons, near Kongu School, stabbed the deceased indiscriminately all over his body and hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent, that he is no way connected with the commission of the offence, that even as per the FIR, the petitioner was not present at the scene of occurrence, that he is not a named accused in the FIR, that only based on the confession statement, the petitioner has been implicated in this case and that he is ready to abide by any condition imposed by this Court and hence he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that out of love affair in between the brother of the defacto complainant and a minor girl, misunderstanding arose between the parties, which led to the commission of murder of the deceased using weapon and the petitioner is in judicial 3/6

custody since 06.07.2024, that investigation is in progress and the coaccused are to be secured and hence strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused all the materials available on record.

6. Considering the rival submissions put forth on either side, considering the gravity of offences and considering the fact that the investigation is at budding stage, I am declined to grant bail to the petitioner /accused at this stage.

7. Accordingly, the Criminal Original petition is dismissed. 30.08.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs 4/6

To

1. The Judicial Magistrate No.III, Tiruppur.

2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur, Tiruppur District.

.

3.The District Jail, Tiruppur.

4.The Public Prosecutor, High Court, Madras.

P.DHANABAL ,J mjs 5/6

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