Jeyakanthan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.4113 of 2021 Jeyakanthan ... Petitioner/Accused No.2 Vs The State Rep.by The Sub Inspector of Police, Kulithalai Police Station, Karur District Cr No.320/2019.

... Respondent/Complainant For Petitioner : M/s.Haroon Rasheed D.S, Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 320 of 2019 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner herein was arrested and remanded to judicial custody on 29.07.2019 for the alleged offences under Sections 147,148 and 302 of IPC @120(b) r/w.147,148,109,341,506(ii), 302 and 201 of IPC

2. There are totally 10 accused in this case and the petitioner here in arrayed as A2. The case of the prosecution is that the petitioner and other accused persons said to have murdered the defacto complainant's brother and father.

3. The learned counsel for the petitioner would submit that the respondent police has completed the investigation and filed final report before the learned District and Sessions Judge, Karur and the same is pending trial in S.C.No.74 of 2019. He further submitted there is a dispute between the first accused and the deceased family in respect of the encroachment of some poramboke https://hcservices.ecourts.gov.in/hcservices/

property and the petitioner is no way connected with the said occurrence and he is not present in the scene of occurrence. He would also submit that the petitioner is in jail for more than one year, hence he may be granted bail.

4.The learned Additional Public Prosecutor would submit that it is case of retaliation murder. He would further submit that all the witnesses have been examined and the case stand posted for arguments. He would also submit that seven previous cases are pending against the petitioner including two cases under Section 302 of IPC.

5. It is a case of twin murder. The petitioner along with other accuse said to have committed twin murder namely father and son on the ground that the deceased had filed a Writ Petition before this Court in WP(MD) No.16338 of 2016 for removal of encroachment in the water body at Mudalaipatti Village. Further in this case all the witnesses have been examined and the case stand posted for arguments and also taking into consideration the previous bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 15/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 2 THE SUB INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4113 of 2021 Date :15/04/2021 https://hcservices.ecourts.gov.in/hcservices/ SMA/PN/SAR-1/20.04.2021 : 2P/4C