Madras High CourtCRL OP(MD)/15363/2020dismissed

M.Thangappan v. The Inspector Of Police

2020-12-30Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15363 of 2020

1. M.Thangappan

2. V.Sellappan

3. V.Alagan @ Alagar ... Petitioners/Accused 1, A6 & A10 Vs

1. State through The Inspector of Police, M.Kallupatti Police Station, Crime No.767/2020, Madurai District.

(Now Transfered To).

2. The Inspector of Police, C.B.C.I.D., Madurai District, Madurai. ... Respondents/Complainants For Petitioners : Mr.G.Thalaimutharasu for M/s.A.S.Vaigunth, Advocate.

For Respondents : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For a Bail in Crime No.767 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1, A6 and A10, who were arrested and remanded to judicial custody on 25.10.2020 for the offences punishable under Sections 147, 148, 294(b),341,342 and 302 r/w.109 of IPC on the file of the respondent police seek bail.

2.The case of the prosecution is that due to some dispute between two groups of people regarding temple festival the petitioners herein along with other accused persons attacked the deceased with deadly weapons and caused his death. 3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the case and the petitioners name were implicated only with political vengeance. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Crl.Side) would submit that this is the second bail petition and the earlier bail petition was dismissed by this Court on 04.12.2020. He would also submit that the defacto complainant is the wife of the deceased and now the case has been transferred to CBCID. He would also submit that tension is prevailing in that area and police picketing is going on. Investigation is at the pre-mature stage, hence he opposed to grant bail to the petitioners.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that it a case of communal murder and also the fact that the tension is prevailing in that area and the fact that the investigation is at the premature stage, this Court is not inclined to grant bail to t the petitioners.

6. In the result, the petition stands dismissed. sd/- 30/12/2020 / TRUE COPY / / /2021 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.

1. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

2. THE INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, C.B.C.I.D., MADURAI DISTRICT, MADURAI.

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

ORDER IN CRL OP(MD) No.15363 of 2020 Date :30/12/2020 AAV/SJI TE/VR/SAR-I : 04/01/2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/