Madras High CourtCRL A(MD)/470/2018dismissed

Muniyasamy v. The Assistant Commissioner

2018-10-22Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.A(MD)No.470 of 2018 Muniyasamy : Appellant/Accused No.8 Vs.

1.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Medical College Police Station, Tirunelveli City.

[Crime No.30 of 2018] : Respondents 1 and 2/Complainants 3.Kumar : Third Respondent/De facto complainant PRAYER: Criminal Appeal is filed under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, praying to call for the records pertaining to the order dated 01.10.2018 passed in Crl.M.P.No.2934 of 2018 in S.C.No.68 of 2018 by the learned Second Additional District and Sessions Judge, Tirunelveli and enlarge the appellant on bail in connection with S.C.No.68 of 2018 on the file of the learned Second Additional District and Sessions Judge, Tirunelveli.

For Appellant : Mr.R.Aravind Raj For Respondents 1 and 2 : Mr.A.Robinson, Govt. Advocate (Crl. Side).

JUDGMENT

This Criminal Appeal is filed praying to set aside the order dated 01.10.2018 passed in Crl.M.P.No.2934 of 2018 on the file of the learned Second Additional District and Sessions Judge, Tirunelveli.

2.Heard the learned counsel for the appellant and the learned Government Advocate (Criminal side) for the respondents 1 and 2. 3.The allegation against the appellant is that due to previous dispute, this accused along with others have trespassed into the land of the de facto complainant and killed the son-in-law of the de facto complainant and also caused grievous hurt to the de facto complainant.

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4.The learned counsel appearing for the appellant would submit that the main accused have already been enlarged on bail on conditions and this appellant may also be released on bail on same condition, since he is in jail for the past eight months. 5.The learned Government Advocate (Criminal side) appearing for the State opposed the bail on the ground that this petitioner is the henchman of A.3 and if he is released on bail, there is every possibility of tampering the witnesses.

6.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side), this Court finds no merit in this appeal and accordingly, this Criminal Appeal is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Second Additional District and Sessions Judge, Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Medical College Police Station, Tirunelveli City. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To:

The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) Crl.A(MD)No.470 of 2018 22.10.2018 SMN ES/PM/SAR 1/08.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/