Velusamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2119 of 2015 1 VELUSAMY 2 KRISHNAMOORTHY 3 NAGALAKSHMI 4 RAJENDRAN 5 PONNUSAMY 6 BALASUBRAMANIAN 7 AYYAVU 8 RAJESWARI 9 PERUMAL 10 THAVAMANI ..PETITIONERS/ACCUSED 1 to 10 VENKATESH ..INTERVENOR Vs.
STATE REP.BY THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.
CRIME NO.79/2015 ..RESPONDENT/COMPLAINANT For Petitioner : MR.N. MOHAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) For Intervenor : Mr.D.GURUSAMY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 306 IPC, in Crime No.79 of 2015 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners, the learned counsel for the intervenor and the learned Government Advocate (Crl.Side) appearing for the State.
3. The defacto complainant in this case is one Venkatesh and the deceased in this case is his father Selvam, who was aged about 70 years. Venkatesh got married to Nagalakshmi (3rd petitioner herein) on 02.11.2014. Their matrimonial life was not smooth.
4. Respondent Police have filed a status report, strongly objecting to the grant of anticipatory bail to these petitioners. According to the prosecution, Nagalakshmi lived with her husband Venkatesh only for 3 days and thereafter, she left his company. Nagalakshmi and her parents were demanding that Venkatesh's father should transfer a particular land in favour of Nagalakshmi. This was not acceptable to Venkatesh's father Selvam. On 28.01.2015, one Rajendran (4th petitioner) and 7 others, who are all relatives of Nagalakshmi entered into the house of Venkatesh and attacked Selvam and other relatives of Selvam. In the said occurrence, Selvam was seriously injured and he was admitted to the Government https://hcservices.ecourts.gov.in/hcservices/
Hospital, Manapparai and a case in Crime No.70 of 2015 for offences under Sections 147, 294(b), 323, 324, 355, 427 and 506(ii) IPC was registered against the relatives of Nagalakshmi. In order to avenge this, Nagalakshmi lodged a false complaint on 30.01.2015 against Venkatesh and his parents in which she has made very damaging allegations against her father-in-law Selvam, as if he tried to misbehave with her. Unable to withstand the insinuation, Selvam consumed poison and committed suicide on 02.02.2015. Selvam has left a suicide note in which he has stated about the torture that was meted out by him by Nagalakshmi and her relatives and he has implicated these petitioners herein. It is seen that Velusamy (1st petitioner) is the President of the Panchayat and Krishnamoorthy (2nd petitioner) is his brother.
Velusamy and Krishnamoorthy wanted to establish a Petrol Bunk in the land belonging to Selvam and therefore, they have been instigating Nagalakshmi to get the land transferred in her name. When Selvam was not acceding to their request, they have assaulted Selvam and have made Nagalakshmi to give a typewritten complaint on 30.01.2015 to the Police, as if Selvam had attempted to misbehave with her.
5. Taking into consideration the serious nature of allegations against these petitioners, this Court is not inclined to grant anticipatory bail to them. Hence, the Criminal Original Petition is dismissed.
sd/- 16/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 2 THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT. +1. CC to MR.N. MOHAN Advocate SR.No.6955 +1CC to M/s.D.GURUSAMY, Advocate in SR.7373 ORDER IN CRL OP(MD) No.2119 of 2015 Date :16/02/2015 PBK 16/02/2015 ::2P-5C: (IT) https://hcservices.ecourts.gov.in/hcservices/