Sankar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12770 of 2016 1 SANKAR 2 PRABU RAMACHANDRAN 3 VEERATHIRUPATHY ... PETITIONERS/ ACCUSED NO.1,2 & 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.317 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.RAMU Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1,2 & 4 and the petitioners are surrendered before the learned Judicial Magistrate, Nanguneri and remanded to judicial custody on 02.05.2016, for the alleged offences punishable under Sections 120(b), 147, 148 and 302 IPC, in Crime No.317 of 2016, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that the deceased is the husband of A.7, who was having illicit intimacy with another lady. Due to that motive, A.1 and A.3, who are the brothers of A.7, conspired with other accused and murdered the deceased. On complaint, case has been registered for the above said offences. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners 2 and 3 are friends of A.1. There is no specific overtact attributed as against the petitioners and the petitioners are in judicial custody from 02.05.2016. 4.The learned Government Advocate(Crl.side) submitted that it is a pre-planned murder and the allegation against the petitioners is that they conspired with the other accused to commit the murder of the deceased. Investigation is in preliminary stage. Already coaccused Nos.3,4 & 6 filed a petition for a bail in Crl.O.P(MD) https://hcservices.ecourts.gov.in/hcservices/

No.12128 of 2016 and the same was dismissed by this Court on 20.07.2016. If the petitioners are released on bail, they will tamper the evidence and hamper the investigation. 5.Considering the facts and circumstances of the case and also considering the serious nature of allegation levelled against the petitioners and investigation is in preliminary stage, this Court is not inclined to enlarge the petitioners on bail and accordingly this petition is dismissed.

sd/- 27/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE,SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR. CSL/SKS-RR/SAR-I/01.08.2016 :2P/4C

ORDER

IN CRL OP(MD) No.12770 of 2016 Date :27/07/2016 https://hcservices.ecourts.gov.in/hcservices/