Muthuirulandi v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/03/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. Muthuirulandi,

2. Muthumani,

3. Karuppasamy,

4. Poovalingam, ... Petitioners/Accused Nos.1, 2, 3 & 5 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Manamadurai Police Station, Sivagangai District.

(In Crime No.485 of 2024).

... Respondent/Complainant For Petitioners : Mr.R.Senthil Kumar, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- For Bail in Crime No. 485 of 2024 on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 18.02.2025 1/4

under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.

2. The petitioners were voluntarily surrendered before the respondent-Police and remanded to judicial custody on 13.12.2024 for the offences punishable under Sections 61(2), 115(2), 127(2), 140(1), 103(1) and 238 of BNS, 2023 in Crime No.485 of 2024 on the file of the respondent-Police.

3. The case of the prosecution is that on 10.12.2024, the petitioners, along with other accused persons, confined and abducted the deceased and then, murdered the deceased near Ring Road, Madurai, and disposed of the body by throwing it under the bridge near Melappasalai. Subsequently, the petitioners voluntarily surrendered before the respondent-Police on 13.12.2024. Hence, the complaint.

4. Mr.R.Senthil Kumar, learned counsel appearing for the petitioners, submits that the petitioners have not committed any offence as alleged by the prosecution. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He further submits that the petitioners have been in judicial custody since 13.12.2024. Hence, he prays for granting bail to the petitioners.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that the investigation has not yet been completed. He further submits that Accused No.1 is still absconding. 2/4

At this stage, if bail is granted to the petitioners, the petitioners may cause threat to the defacto complainant and witnesses. Hence, he vehemently opposes to grant bail to the petitioners.

6. Heard the learned counsel on either side and perused the records.

7. It is seen that the investigation has not yet been completed. T+herefore, the custodial interrogation of the petitioners is necessary in this case. It is further seen that Accused No.1 in this case is still absconding and if bail is granted to the petitioners, they may abscond and threaten the family members of the deceased and other witnesses.

8. Considering the above, and considering the nature of allegations allegedly committed by the petitioners and other accused persons, this Court is not inclined to grant bail to the petitioners at this stage of investigating.

9. Accordingly, this Criminal Original Petition stands dismissed. sd/- 05.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 3/4

TO 1.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

2.The Superintendent, Central Jail, Madurai.

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

+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-2420[I] dated 05/03/2025 )

ORDER

IN CRL OP(MD) No.3243 of 2025 Date : 05/03/2025 SL(21.03.2025)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4