Raju @ Rajivganthi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Raju @ Rajivganthi ... Petitioner / Accused No.6 Vs State represented by The Inspector of Police, Samayapuram Police Station, Trichy District, (In Crime No.153 of 2023.) ... Respondent / Complainant For Petitioner :
M/s. Arun.B, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.153 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- 1/4
The petitioner/Accused No.6 herein, who was arrested on 11.05.2023 for the alleged offence under Sections 120(b), 364, 147, 148, 341, 342, 302, 109 114 and 149 of IPC, in Crime No.153 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 06.05.2023, his son namely Babu invited his friends to visit the temple and at that time Venkateswaran @ Venkatachalapathy @ Chullan also invited the people to visit the temple. Over the above said issue, there was a wordy quarrel between his son Babu and Venkatachalapathy. Subsequent to that at about 08.00 p.m. his son was taking liquor in a shop along with his friends.
At the time, the above said Venkatachalapathy along with his brother namely Ganesan @ Kadalai Ganesan, Vinayagam @ Vinayagamoorthy, Valli Aruna came to the place with deadly weapons and picked up quarrel with his son. Fearing about the said persons his son run away from the bar. He was chased by the above said persons. Near the bar he was assaulted with deadly weapons. The neighbours namely Marimuthu @ Japan, Rakki @ Ammangu had intervened the occurrence. So the above said persons fled away from that place. The said Babu was taken to hospital, where he was declared as dead. Hence, the complaint.
3.Considering the gravity of the offence alleged to have taken place, this Court dismissed the bail applications that have been filed by A5, A8, A6 and A9. 2/4
4.This petitioner has filed this petition on the ground that there is no specific allegation against this petitioner. According to him, there is no motive to commit the offence.
5.There is photographs, CCTV footages are available to see the actual involvement all the accused persons. One of the accused, called the deceased to the TASMAC shop. There they picked up quarrel. Out of the fear at the hands of the coaccused, he ran away from the TASMAC shop. He was attacked with deadly weapon. The gravity offence dis-entitles the petitioner to enlarge him on bail. Police picketing also arranged in that area. Retaliation also apprehended. Now final report has been filed and taken cognizance in P.R.C.No.108 of 2023. Therefore, this petitioner is not entitled for any relief from this Court at this time. This petition deserves to be dismissed.
6.Accordingly, this criminal original petition stands dismissed. sd/- 20/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
TM To 3/4
1.The Inspector of Police, Samayapuram Police Station, Trichy District.
2.The Superintendent, Central Prison, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.13288 of 2023 Date :20/07/2023 ED/VR/SAR- (07/09/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4