K Uthandumurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM K Uthandumurugan ... Petitioner/Accused No.11 Vs The Inspector of Police, Sipcot Police Station, Tuticorin, Tuticorin District.

(Crime No. 209/2023.) ... Respondent/Complainant For Petitioner :

M/s.Ka.Ramakrishnan, Advocate.

For Respondent :

Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 209 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 302, 506(2) of IPC r/w 1/4

Section 3 of Explosive Substances Act, in Crime No.209 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 16,08.2023, at about 04.00 p.m, when the deceased was in his Lorry Booking Office at Sankaraperi to Ettaiyapuram Road, Tuticorin, the petitioner along with other accused persons came to that place and assaulted with deadly weapons and brutally murdered him. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner along with other accused persons said to have brutally murdered the deceased namely, one Sakthivel. He would further submit that the petitioner is having 3 previous cases. The investigation was completed and charge sheet was filed before the concerned Court and the same was not taken on file.

5. Perusal of records, it is noticed that it is a case of retaliation murder. On the basis of the confession given by A1 and A2, the petitioner was implicated in this case along with one Chinnathampi. The said Chinnathampi has observed the activity of the family members of the deceased and informed the same to the 2/4

accused persons and helped the accused persons to commit the offence. The petitioner has not been implicated for the offence of conspiracy under Section 120(b) of IPC and he has been implicated for committing the serious offence.

6. Considering the gravity of the offence and also considering the previous antecedents of the petitioner, this Court is not inclined to grand anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 07/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Inspector of Police, Sipcot Police Station, Tuticorin, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.KA.RAMAKRISHNAN Advocate SR.No.55535(F), dated 08.12.2023 3/4

ORDER

IN CRL OP(MD) No.20126 of 2023 Date :07/12/2023 ED/ DD /SAR- (13/12/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4