Navaneethakrishnan @ Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 NAVANEETHAKRISHNAN @ KANNAN 2 MUPPIDATHI 3 MAYANDI 4 PETCHIMUTHU ... Petitioners / Accused Vs THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.353 OF 2023.) ... Respondent / Complainant For Petitioners :

M/s.S.Kasirajan, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : TO ENLARGE THE PETITIONERS ON BAIL, IN THE CASE PENDING INVESTIGATION IN CR.NO.353 OF 2023 ON THE FILE OF THE RESPONDENT POLICE IN PRC.NO.334 OF 2023 ON THE FILE OF THE JUDICIAL MAGISTRATE NO.V,TIRUNELVELI DISTRICT.

1/4

ORDER : The Court Made the following order :- The petitioners/Accused, who is facing trial for the offences punishable under Sections 341, 302, 506(ii), 294(b) and 120(B) of IPC, in P.R.C.No.334 of 2023, on the file of the learned Judicial Magistrate No.V, Tirunelveli District in Crime No.353 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant given a complaint before the respondent police alleging that on 16.09.2023, the petitioners joined together and brutally attacked the defacto complainant's husband and thereby, he lost his life. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and no specific overt act is attributed against them and earlier, the defacto complainant committed a murder of the first and second petitioners's father, for which, some unknown persons committed the murder of the defacto complainant husband, in which, the petitioners were not responsible for the said incident. Hence, they pray for bail. 4.The learned Additional Public Prosecutor appearing for the State would submit that it is a case of retaliation and already the defacto complainant group committed the murder of the first and second petitioners' father, in order to wreck 2/4

vengeance, petitioners 1 and 2 hired the hooligans and committed the murder of the defacto complainant's husband and as on date, there is a communal clash prevailing in that locality. He would further submit that the investigation has been completed and the charge sheet has already been filed and the case has also been made out to the Principal Sessions Court and if the petitioners are released on bail, there will be unrest in the locality.

5.Considering the above facts and circumstances of the case and also considering the seriousness and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. sd/- 23/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Inspector of Police, Munneerpallam Police Station, Thirunelveli District.

3/4

2.The Officer Incharge, Sub Jail, Nagercoil.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :23/01/2024 ED/ GS /SAR- (31/01/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4