Periyasamy @ Murugan v. The Inspector Of Police

CRL OP(MD). No.7483 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7483 of 2023 Periyasamy @ Murugan ... Petitioner / Accused No.4 Vs State represented by The Inspector of Police, Aruppukottai Town Police Station, (in Crime No.271/2022.) ... Respondent / Complainant For Petitioner : M/s.Senthilkumar.R, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr No.271/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /A2 who was arrested and remanded to judicial custody on 27.03.2023 for the offences under sections 147,148 and 302 of IPC in Crime No.271 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution as per the defacto complainant is that on account of previous enmity due to murder of one Rakammal the relative of said Rakammal had in retaliation committed the murder of one Sabarimalai and his brother Rathinavelpandian. During the course of investigation it came to light that the petitioner herein who is the relative of Rakammal had conspired with the other accused and thereafter engaged A4 to A7 who had waylaid the deceased near Ramalinga Mill, Arupukottai while they were coming in a two wheeler and they have indiscriminately assaulted them with aruval resulting in their instantaneous death, hence the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.7483 of 2023

3. The learned counsel for the petitioner would submit that it is a case of circumstantial evidence. The anticipatory bail filed by the petitioner was dismissed by this Court and thereafter he himself surrendered before the Court and he is in custody from 27.03.2023, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that it is a case of double murder and retaliation murder.

5. It is seen that the petitioner had played an active role in the said occurrence, therefore he surrendered before the court. Considering the above facts and also the serious offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 21/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

2.The Officer Incharge, District Jail, Virudhunagar.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7483 of 2023 Date :21/04/2023 ED/SSS/SAR-2 (26/04/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2