Madras High Court
Muthumurugan vs The State Represented By on 8 December, 2021
Crl.A.(MD)No.445 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.445 of 2021
Muthumurugan ... Appellant/
Petitioner/
Accused Rank Not Known
Vs.
1.The State represented by
The Deputy Superintendent of Police,
Eral Police Station,
Thoothukudi District.
(Crime No.200 of 2018) ... 1st Respondent/
Respondent/
Complainant
2.Petchi Raj ... 2nd Respondent/
Defacto Complainant
Prayer : Criminal Revision Case filed under Sections 397 r/w. Section 401
Cr.P.C., to set aside the order made in Crl.M.P.No.983 of 2021 dated
04.10.2021 on the file of the learned Special Court for Trial of cases under
SC/ST (POA)Act, Thoothukudi and enlarge the appellant on bail on Crime No.
200 of 2018 registered on the file of the first respondent.
For Appellant : Mr.V.Angusamy
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor for R1
No Appearance for R2
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Crl.A.(MD)No.445 of 2021
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed in
Crl.M.P.No.983 of 2021 dated 04.10.2021 on the file of the learned Special
Court for Trial of cases under SC/ST (POA)Act, Thoothukudi and enlarge the
appellant on bail.
2. A case in Crime No.200 of 2018 was registered against the appellant
under Sections 302, 109, 120(b) r/w 302, 201 of I.P.C. and under Sections 3(2)
(v) of SC/ST(POA) Act. The appellant has filed a bail petition in Crl.M.P.No.
983 of 2021 before the Special Court, Thoothukudi. That petition was
dismissed by the Special Court. Against that order, the appellant has filed this
appeal.
3. On the side of the appellant, it is stated that the appellant's wife was
teased by the victim. The defacto complainant is an accused in another murder
case. The appellant is in custody for the past 85 days and prayed the appellant
to be released on bail.
4. On the side of the prosecution, it is stated that this is a double murder
case. Totally 4 accused involved in the offence. The appellant is arrayed as
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Crl.A.(MD)No.445 of 2021
A.2 and he is having 4 previous cases. A.1 in this case attacked the Police and
murdered a Police Officer. A.2 died in the encounter by the Police. A.4 was
murdered by way of retaliation. The appellant was absent before the Court
and N.B.W. was issued. Only by forming a special team the appellant was
arrested. If the appellant is released on bail, there is a chance for him to
abscond again.
5. It is seen that already Charge Sheet was filed before the Tirunelveli
Court and the same was transferred to the Special Court, Thoothukudi and the
same was taken on file as S.C.No.101 of 2020. N.B.W. was issued against the
appellant and he was arrested by the Police on 23.11.2018 and he is in custody.
It is seen that two of the accused already died. The security of the appellant
himself is questionable. It is seen that the appellant has involved in four other
cases. If released, there is a chance for the appellant to abscond again and
thereby, the trial of the sessions case will be affected. In view of the above
circumstances, this Court is not inclined to release the appellant on bail at this
stage. Hence, this Criminal Appeal is dismissed.
08.12.2021
Index : Yes / No
Internet : Yes/ No
mga
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.445 of 2021
R.THARANI, J.
mga
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 Special Court for Trial of cases under SC/ST (POA)Act,
Thoothukudi.
2.The Deputy Superintendent of Police,
Eral Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.A.(MD)No.445 of 2021
08.12.2021
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