Madras High CourtCRL OP/24989/2021dismissed

Vijayakumar v. The State Rep By

2021-12-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24989 of 2021 VIJAYAKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT (CRIME NO.683/2021) For Petitioner : M/S.J.PRADEEP Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 19.10.2021 for the offences under Sections 302 and 201 IPC, in Crime No.683 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased namely Babu @ Baburaj was having illegal intimacy with one Amudha who is the sister of one Theerthammal which whom the petitioner/A1 was having live in relationship. While so, the deceased has sexually harassed the said Theerthammal. Further, the motor cycle of the petitioner/A1 was given to the deceased by the relative of the accused and to return the motor cycle, the deceased has demanded money. Hence, under the pretext of complying with his demand, the deceased was taken to Velanur wherein, the deceased was done to death by the petitioner/A1. During the https://hcservices.ecourts.gov.in/hcservices/

occurrence, A2 who is the son of A1 has followed them in a bike and helped his father/petitioner in concealing the weapon and other materials. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. Even as per prosecution, the deceased misbehaved with the wife of the petitioner due to which, there was a quarrel between them and there is intention for the petitioner to kill the deceased. He would further submit that A2 has been granted bail by this Court and that the petitioner has been suffering incarceration for more than 60 days from 19.10.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner is the one who attacked and murdered the deceased in a forest.

5. On seeing the grave nature of allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/12/2021 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 SUPERINTENDENT, CENTRAL JAIL, SALEM.

2 THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.24989/2021 Date :20/12/2021 RW 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/