Muniasamy@Rajivgandhi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) Nos.20572 and 20591 of 2018 MUNIASAMY @ RAJIVGANDHI ... PETITIONER/ACCUSED NO.13 IN CRL OP(MD). 20572/ 2018 VELUYATHAPERUMAL ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD). 20591/ 2018 - Vs. - STATE REP. BY THE INSPECTOR OF POLICE, PUTHIAMPUTHUR POLICE STATION, PUTHIAMPUTHUR, OTTAPIDARAM TALUK, THOOTHUKUDI DISTRICT CRIME NO.185/2017 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioners : MR.ROYCE IMMANUEL, Advocate for MR.S.SELVAKUMAR Advocate IN BOTH THE PETITIONS For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 147, 148, 324, 307 and 302 IPC, in Crime No.185 of 2017, seek anticipatory bail.
2.The case of the prosecution is that there are totally 12 named accused and 3 unnamed accused in this case. The petitioners who are arrayed as A5 and A13. As far as A5 is concerned, his name is found in the F.I.R. As far as A13 is concerned, he has been roped on the strength of the confession of A6. There seems to be some dispute between the petitioners and the deceased family with regard to the post of Vice President of the Panchayat. The deceased family has been enjoying the Vice President Post for a very long time and by using this position, they used to collect huge amount from the villagers in and around with regard to https://hcservices.ecourts.gov.in/hcservices/
conduct the temple festival. Thereafter, they have collected several lakhs and the same was not properly accounted. Further, the Vice President post for Panchayat was reserved for the female candidates. Based on the earlier incident, the erstwhile Vice President's name was objected by the accused persons on the ground that person from one family has been holding the post continuously for several years and they have not given any opportunity to others, due to which, there has been murder between two groups. When one of the deceased family was travelling in the car to comply the condition as directed by the Court, the accused had executed a well planned murder by using a lorry to dash against the car, the deceased were running out from the car and they were chased and murdered in a brutal manner.
3.The learned counsel for the petitioners would submit that the petitioners are innocent person and they have nothing to do with the alleged occurrence.
4.The learned Additional Public Prosecutor for the respondent police would submit that the investigation is pending. He further submitted that two more accused are yet to be apprehended. 4.Considering the nature of the offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, this criminal original petitions are dismissed.
sd/- 29/11/2018 / 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 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) Nos.20572 and 20591 of 2018 Date :29/11/2018 JM/JC/SAR 3/14.12.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/