Kadarkarai Aandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3387 of 2017 1 KADARKARAI AANDI 2 VELUSAMY 3 MUTHIAH ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO.10 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.MOHANASUNDARAM Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who are accused in Crime No.10/2017 on the file of the respondent/Police for the offences under Sections 147, 148, 341, 302 and 506(ii) IPC, seek bail.

2.According to the prosecution, these petitioners are the accused involved in the murder of Muniyasamy and Muthukumar. 3.The case of the prosecution is that due to political enmity, these petitioners along with others, have wrongly restrained the deceased persons and attacked them with deadly weapons causing death. After the arrest of the first accused, from his statement, the police were able to apprehend these petitioners on 27.01.2017 while the occurrence took place on 23.01.2017 at 18.00 hours. 4.The learned counsel for the petitioners submitted that in the FIR, the names of these petitioners were not found and purely based on the statement of one of the accused, these petitioners were arrested and they are in jail for more than 64 days. Since the investigation is almost completed, the petitioners may be released on bail with stringent conditions.

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5.The learned Government Advocate (Crl.Side) submitted that there was sustained enmity between the deceased and the accused gang which has culminated in the murder of two persons. He further submitted that some of the accused are very notorious and been detained under the preventive detention. Since the investigation has entered into very crucial stage, if these petitioners are released on bail at this juncture, there is every possibility of tampering the evidence.

6.This Court on considering the rival submissions made by the counsel for the petitioners and the learned Government Advocate (Crl.Side), is of the opinion that the petitioners are not entitled for bail at this stage, since the matter involves gruesome murder of two persons due to political rivalry and several notorious persons are involved in this crime. If the petitioners are released on bail at this point of time, there is every possibility of tampering or destroying the evidence.

Hence, this Criminal Original Petition is dismissed. sd/- 03/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PUTHIAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI

ORDER

IN CRL OP(MD) No.3387 of 2017 Date :03/04/2017 SMA/PM-PN/SAR-4/05.04.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/