Madras High CourtCRL OP(MD)/9514/2024dismissed

Ilayaraja v. The Inspector Of Police

2024-06-28Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ilayaraja ... Petitioner/Accused No.1

Versus

State Rep. by The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

(Cr.No.86 of 2024) ... Respondent/Complainant For Petitioner : Mr.T.Veerakumar,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 :- The respondent police registered a case as against this petitioner in Crime No.86 1/3

of 2024 for the offence under Sections 147, 120(b), 364, 302 and 2021 of IPC and remanded him into judicial custody on 22.04.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that 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 tortured her on suspicion 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.

3. The learned counsel 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 appearing 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 created problem and on account that A1 and A5 engaged hooligans/the accused2 to 4 and murdered the deceased in the year 2021. Further, he 2/3

submits that the investigation is in crucial stage.

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. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO THE INSPECTOR OF POLICE THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

THE OFFICER INCHARGE DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.9514 of 2024 Date :28/06/2024 PKP/JGB/SAR /23.07.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3