Mathan Bala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Mathan Bala ... Petitioner/Accused(Rank Not Known) Vs The State Rep.by The Inspector of Police, Alangulam Police Station, Tirunelveli District (Crime No.247 of 2021).
... Respondent/Complainant For Petitioner : Mr.R.Anand, Advocate.
For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER :- for Bail in Crime No.247 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who was arrested on 01.04.2021 for the offences punishable under Sections 449, 307, 302, 506(ii) IPC altered into Sections 147, 148, 449, 307, 302, 506(ii), 109, 120(B) r/w Section 34 IPC in Crime No.247 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant is working as Project Manager in L & T company and one Thiyagarajan is working as Accounts Manager in the same company. The said company was involved in installation of solar plant to NLC India Ltd., Subbiahpuram. When this work was going on, A1 Murugan came and told Thiyagarajan that his land was encroached by them and therefore, he demanded that the land to be given to him and the said Murugan gave complaint in this regard. Even thereafter, the said Murugan along with others repeatedly came to the company and demanded money from Thiyagarajan and also threatened him. One Subbiahthevar also gave complaint against the company and the police advised the parties to take legal action. Due to that motive, on 1/3
31.03.2021, the said Murugan and other accused came to the company and attacked the said Thiyagarajan and one Srikrishnan with deadly weapons. On hearing their alarm, the other staff came there to save them. At that time, the accused persons threatened them by showing aruval. Due to that attack, the said Thiyagarajan died and the said Srikrishnan suffered severe injuries. Other staff members informed the incident to the defacto complainant. Thereafter, the present complaint came to be lodged.
3.The learned counsel for the petitioner submitted that the petitioner is a young boy aged about 20 years and he is no way connected with the alleged murder and he is implicated in this case only because he is the relative of A1. Therefore, he seeks bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that there are totally 16 accused in this case. The petitioner is A6 and A2, A10, A15 and A16 are still absconding. That apart, the injured Srikrishnan is still taking treatment in the Government Hospital and the investigation is still pending. Therefore, he opposed to grant bail to the petitioner. 5.Considering the nature of the incident where one person was done to death and another one suffered severe injuries and fighting for life and the fact that the investigation in this case is in preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.
sd/- 28/04/2021 / 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, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 2.THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.
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3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6019 of 2021 Date :28/04/2021 GNS AE/AKM/SAR-II/21.05.2021/3P/4C 3/3