Periyasamy @ Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Periyasamy @ Murugan, ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

Crime No.271 of 2022.

... Respondent/Complainant For Petitioner : Mr.R.SENTHILKUMAR Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.271 of 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.

3. Heard both sides and perused the materials available on record including the First Information Report. 1/3

4. It is seen that there are 21 accused in this case and the petitioner herein is arrayed as A2. The sister of the petitioner was murdered by the deceased and as such he engaged hirelings and committed murder. Some of the accused were released on bail however they failed to comply with the condition and cancellation of bail was also ordered. In so far as the present petitioner is concerned he only engaged hirelings to do away the life of the deceased, however due to wrong identity one another person was also murdered by the hirelings. In this case investigation has been completed and final report has been filed before the learned Judicial Magistrate, Aruppukottai and the same has been taken cognizance in PRC No. 4 of 2023 and it is pending committal.

Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the Judicial Magistrate, Aruppukottai daily at 10.30 A.M. until further orders. [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/06/2023 / TRUE COPY / 01/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.SENTHILKUMAR R Advocate SR.No.7915 (I) Dt.01/06/2023

ORDER

IN CRL OP(MD) No.9339 of 2023 Date :01/06/2023 SA/VR/SAR. /01.06.2023/3P/7C 3/3