Anthony v. The Inspector of Police

CRL OP(MD). No.10833 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10833 of 2023

¶1Anthony,

¶2Kalaiyarasi,

¶3Indra,

¶4Tamilarasi, ... Petitioners/Accused nO.2,7 to 9 Vs The Inspector of Police, Karaikudi South Police Station, Sivagangai District. Crime No.63 of 2023.. ... Respondent/Complainant For Petitioners : M/s.Jegadeesh Pandian M, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.63 of 2023 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners/accused 2, 7 to 9 who were arrested and remanded to judicial custody on 03.04.2023 for the offences under sections 448, 302 @ 109, 120(B), 177, 450, 302 of IPC in Crime No.63 of 2023 on the file of the respondent police seeks bail. CRL OP(MD). No.10833 of 2023

¶2The case of the prosecution is that on 30.03.2023, when the deceased was sleeping in a room after having food, the defacto complainant heard some noise inside the room and found that one person went away with a knife and her son with the cut injuries. He was taken to Government Hospital, soorakudi, where he was declared as dead. Hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4It is seen that there are totally nine accused in this case and the petitioners herein are arrayed as A2, 7 to 9.. The case of the prosecution that the petitioners 2 to 4 engaged hirelings to do away the life of the deceased who is none other than the brother of the second and fourth petitioner and the son of the third petitioner.

¶5It is pertinent to note here that one of the accused who was engaged by the petitioners 2 and 4 was granted bail by this court and this Court had directed that accused to appear before the Inspector of Police, Karaikudi South Police Station daily, however he was murdered by opposite group, hence it not safe to grant bail to the petitioners and at this juncture if the petitioners are granted bail, they will face the same consequences, hence this Court is not inclined to grant bail to the petitioners.

¶6In the result, the petition stands dismissed. sd/- 19/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE OFFICE INCHARGE DISTRICT PRISON, RAMNAD.

2 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT. CRLeOP(MD).eNo.10833eofe2023 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI ORDER IN CRL OP(MD) No.10833 of 2023 Date :19/06/2023 DL/MGA/(23.06.2023)/ 3P/4C