Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ilayaraja ... Petitioner/Accused No.1 Vs The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

(In Crime No.86 of 2024).

... Respondent/Complainant For Petitioner :

M/s.Veerakumar.T, Advocate.

For Respondent :

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

PRAYER :- For Bail in Crime No.86 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioner/A1, who was arrested on 22.04.2024 in connection with the offence under Sections 147, 120(b), 364, 302 and 201 of IPC in Crime No.86 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is a Village Administrative Officer in Govindamangalam Group. On 22.04.2024 at about 09.00 a.m., the petitioner and A2 came to the Village Administrative Office and gave a confession statement that the deceased Srikanth's wife, Arthi, told them that the said Srikanth would have to be murdered since he was tortured on her suspicious conduct. Due to which, in 2021, the petitioner and four others called the deceased Srikanth for consuming alcohol, at that time, they assaulted the deceased with sword and caused death. Thereafter, they buried the body with shovel at Lakkinivayal Village.

3.The learned counsel appearing for the petitioner submits that the occurrence has taken place in the year 2021. However, the case was registered only on 22.04.2024 and that too on the complaint of the Village Administrative Officer. The petitioner is languishing in jail for the past 50 days. 4.The learned Additional Public Prosecutor for the respondent submits that A5 is the wife of the deceased and she had an illegal intimacy with A1. The deceased had condemned the illegal intimacy between A1 and A5. Therefore, the wife of A1 2/4

created problem and on account of that A1 and A5 engaged hooligans/the ccused 2 to 4 and murdered the deceased in the year 2021. The accused have appeared before the Village Administrative Officer on 22.04.2024 gave an extra judicial confession statement. Based on the extra judicial confession statement, the case has been registered. The investigation is in the crucial stage. The investigation agency has to collect the materials. In the event, if the petitioner is released on bail, the investigation cannot proceed further.

5.Considering the rival submissions made, the manner in which the offence has been committed and also considering the fact that the petitioner was arrested only on 22.04.2024 and the investigation is in the crucial stage, this Court is not inclined to grant bail to the petitioner.

6.The investigation agency has to conduct a proper investigation and find out the truth.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI To 1.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

2.The Officer Incharge, District Prison, Ramanathapuram.

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

ORDER

IN CRL OP(MD) No.7799 of 2024 Date :10/06/2024 ED/ JGB /SAR- (20/06/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4