Chinnaiah @ Suliyan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chinnaiah @ Suliyan ... Petitioner / Sole Accused Vs State represented by The Inspector of Police, Nerkuppai Police Station, Sivagangai District, in Crime No. 14 of 2023. ... Respondent/Complainant

For Petitioner : M/s.K.Rajeshwaran,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.14 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, was arrested and remanded to judicial custody on

29.03.2023, for the alleged offence punishable under Sections 302 of IPC, in Crime No. 14 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution as per the defacto complainant's version stated in the complaint is that his brother Chinnakaruppan is an unmarried who is living with his mother in a nearby Kanmoi area. On 26.03.2023 at about 7.00 p.m., the defacto complainant contacted his mother. At that time, the mother informed him that his brother was also present with her. On 27.03.2023 at about 6.30 a.m., he was informed by the relatives that both his brother and mother are lying in front of their house. He went there and found both of them dead. On the basis of the above said complaint, a case was registered. During the course of investigation, the involvement of the petitioner was revealed. The petitioner was arrested and remanded to custody. Seeking bail, this petition came to be filed.

¶3The learned counsel for the petitioner would submit that it is purely a false case, based upon the confession statement, this petitioner has been implicated in this case. No material has been collected to implicate this petitioner.

¶4Per contra, the learned Additional Public Prosecutor would submit that D1 namely, the deceased Chinnakaruppan entered into a contract with the petitioner to supply Savadu sand, later he failed to fulfil the contract, out of frustration, the petitioner alleged to have went to the house of the deceased with a shovel and cause indiscriminating assault. The D2 namely, the mother of the deceased Chinnakaruppan only Adakki, tried to interfere and rescue the D1, she was also done to death.

¶5Considering the gravity of the offence in the manner in which the offence was committed, this Court is not inclined to grant relief to the petitioner. Eventhough the committal process is underway, I find no reason to grant bail to the petitioner.

¶6Accordingly, this Criminal Original Petition stands dismissed.

sd/-

02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. PNN TO THE INSPECTOR OF POLICE NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT. THE OFFICER INCHARGE THE DISTRICT JAIL, RAMANATHAPURAM. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.14134 of 2023 Date :02/08/2023 PKP/VR/SAR- /18.08.2023/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023