M.Neethirajan v. The Inspector Of Police

CRL OP(MD). No.8474 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8474 of 2021 M.Neethirajan ... Petitioner/Accused No.7 Vs The State through The Inspector of Police, Avaniyapuram Station, Madurai City.

Crime No. 1750 of 2020.

... Respondent/Complainant For Petitioner : Mr.S.Malaikani for M/s.S.Rajasekran @ Ragavan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the Petitioner/Accused No.7 on bail in the case in SC.No.50 of 2021 pending on the file of the Honorable IV Additional District and Sessions Court, Madurai.

ORDER : The Court made the following order :- The petitioner/A7, who was arrested on 26.06.2020 for the offences punishable under Sections 147,148 and 302 of IPC @ 147,148,302,120(B), 109,149,341 of IPC and Section 34 of IPC in Crime No.1750 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there is a previous enmity between the deceased and the first accused in this case. In the year 2019 Avvamuthuselvam and his friends murdered one Mari the brother of the first accused. Since then there was threat to the life of the deceased. Due to this previous enmity on 21.06.2020 at about 5.45 pm.,when Avvamuthuselvam and his friends were coming in a two wheeler near Pathirakaliamman temple the accused Neethi, Anbu, Muthuraja, Karki, Batcha @ Saravanan at the instigation of the first accused attacked Avvamuthuselvam with sword and knife, severed his head and threw the head infront of the temple, therefore the case came to be registered.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8474 of 2021 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that A1 was granted anticipatory bail and A2 was granted bail by this Court. He would further submit that the petitioner is in judicial custody from 26.6.2020, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the deceased was murdered in a gruesome manner and it is the sixth petition for bail. He would further submit that this petitioner had severed the head of the deceased and threw it in front of the temple.

5. This petitioner has acted in a most barbaric manner in murdering the deceased. After murdering the deceased he severed the head and threw it in front of the temple to give a chilling effect to not only to the the victim family but to the public at large, hence this Court is not inclined to grant bail to the petitioner.

6. In the result the petition stands dismissed. sd/- 30/06/2021 / 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 OFFICER INCHARGE, DISTRICT JAIL, THENI.

2.THE INSPECTOR OF POLICE, AVANIYAPURAM STATION, MADURAI CITY.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8474 of 2021 Date :30/06/2021 aav AE/VR/SAR-II/30.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2