Muniasamy @ Rajivgandhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.14156 of 2018 MUNIASAMY @ RAJIVGANDHI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, PUTHIAMPUTHUR, OTTAPIDARAM TALUK, THOOTHUKUDI DISTRICT, CRIME NO.185/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.INDRACHITHU Advocate For Respondent : MR.V.NEELAKANDAN, Addl. Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A13 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 147, 148, 324, 307 and 302 of I.P.C. in Crime No.185 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that on 20.11.2017 at about, when the defacto complainant and others were on their way in a car, the petitioner and others waylaid the defacto complainant with arms and murdered two persons viz., Kodikattu Raja and Ganesan with sickle in retaliation of previous murder of Muniaswamy and Muthukumar in the year of 2017 due to the local body election issue. Hence, the complainant.

3.Heard the learned counsel appearing for the petitioner, who would submit that the name of the petitioner does not find place in the FIR and there is no specific allegation against him and he has https://hcservices.ecourts.gov.in/hcservices/

been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that on the confession statement given by A8, the petitioner has been implicated as A13 in this case and the investigation is pending. He has further submitted that there is another previous case against petitioner for the offence under Section 302 of I.P.C.

5.Perusal of the records would show that there is specific allegation against this petitioner and even though his name does not find place in the FIR, on the confession statement of A8 only, he has been implicated as A13 in this case. Further, it is a case of double murder. Since the accused has involved another crime for the similar nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this anticipatory bail petition is dismissed. sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, PUTHIAMPUTHUR, OTTAPIDARAM TALUK, THOOTHUKUDI DISTRICT, 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14156 of 2018 Date :21/08/2018 TR/JC/SAR-2 (06/09/2018) 2P/3C https://hcservices.ecourts.gov.in/hcservices/