Madras High CourtCRL OP(MD)/20552/2021dismissed

Thangapandi v. The Inspector Of Police

2022-01-20Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.20552 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.20552 of 2021 1.Thangapandi 2.Vinayagamurugan 3.Karuppasamy @ Periyakaruppusamy 4.Balamurugan ... Petitioner/Accused No.1 TO 4 Vs The state represented by The Inspector of Police, Amathur Police Station, Virudhunagar District.

Crime No.218/2021). ... Respondent/Complainant For Petitioners : Mr.S.Poornachandran, Advocate.

For Respondent : Mr.K.SANJAI GANDHI, Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.218 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who was arrested on 10.12.2021 for the alleged offence under Sections 341, 294(b), 307 of IPC, in Crime No.218 of 2021, on the file of the respondent police, seek bail. 2.The case against the petitioners is that due to local body election, in the year 2011 a dispute arose between the two groups. The defacto complainant's group murdered one Soundarapandian, who belong to the other group. For the wreck vengeance, on 10.12.2021 at around 6 p.m, the petitioners waylaid the defacto complainant and tried to assault him with Aruval. Somehow, the defacto complainant escaped from the attack and ran away from the spot. Thereafter, as per the complaint given by the defacto complainant, FIR was registered in Crime No.218 of 2021.

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CRL OP(MD). No.20552 of 2021 3.On the side of the petitioners, it is stated that no one has sustained injury in the alleged occurrence. Only based on the election motive, a false case has been foisted against these petitioners. It is also stated that the petitioners were arrested and remanded to judicial custody on 10.12.2021. Hence, he prays for grant of bail.

4.On the side of the prosecution, it is stated that the petitioners tried to murder the defacto complainant by using Aruval. It is also stated that the first petitioner is having nine previous cases, the second petitioner is having three previous cases, the third petitioner is having two previous cases and the fourth petitioner is having one previous case and an order u/s 122 Cr.P.C proceedings was passed against these petitioners and prayed the petition to be dismissed.

5. Considering the previous antecedent of the petitioners and considering the nature of the offence committed by these petitioners, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 20/01/2022 / TRUE COPY / / /2022 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 INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE OFFICER INCHARGE, SUB JAIL, ARUPPUKOTTAI.

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

ORDER

IN CRL OP(MD) No.20552 of 2021 Date :20/01/2022 SS/JM/SAR-II/25.01.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2