R.Nithi @ Neethi Rajan v. The Inspector Of Police

CRL OP(MD). No.13101 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13101 of 2020

1. R.Nithi @ Neethi Rajan

2. M.Neethirajan ...Petitioners/Accused Nos.2&7 Vs The State rep. by The Inspector of Police, Avaniyapuram Police Station, Madurai City.

(In Crime No. 1750 of 2020). ... Respondent/Complainant For Petitioners: M/s.S.Malaikani, Advocate.

For Respondent : Additional Public Prosecutor PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.1750 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 and A7 , who were arrested and remanded to judicial custody on 26.06.2020 for the offences punishable under Sections 147,148 and 302 of IPC on the file of the respondent police seek bail.

2. The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A7. Even according to the case of prosecution the complainant is not an eyewitness and only on suspicious ground the petitioners have been implicated as accused. Though previous cases are pending against the petitioners in the present case they have been falsely implicated and therefore their liberty cannot be restricted in the present impugned First Information Report. He further submitted that the investigation has https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13101 of 2020 been completed and the case is pending committal in PRC No. 164 of 2020.

3. This is the third bail petition. It is a case of retaliation murder. The first accused brother was murdered by the deceased and other persons, due to which the present occurrence had taken place in a broad day light. That apart six previous cases are pending against the first petitioner and the second petitioner is having two previous cases, in which one case is under Section 302 of IPC. As per the submission of the learned Government Advocate(Criminal Side) it is a case of retaliation murder and if the petitioners are released on bail, they will also be murdered by the counter parties. Therefore this Court is of the considered opinion that they are not entitled for bail.

4. In the result, the petition stands dismissed. sd/- 23/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.13101 of 2020 Date :23/11/2020 AAV SRS/AKM/SAR-II/26.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2