Madras High Court
Santhanakaruppu vs State Rep By Its on 2 March, 2022
Crl.A.(MD)No.110 & 111 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.A.(MD)Nos.110 & 111 of 2022
1. Santhanakaruppu
2. Prabhu @ Prabhukumar
... Petitioners in Crl.A.(MD)No.110 of 2022
Sangesh @ Sangesh Kumar
... Petitioner in Crl.A.(MD)No.111 of 2022
Vs.
1. State rep by its
The Deputy Superintendent of Police,
Oomachikulam Sub Division,
Madurai District.
2. State rep. by
The Inspector of Police,
Silaiman Police Station,
Madurai District.
3. Ashok Kumar ... Respondents
Common Prayer: These Criminal Appeal Petitions filed under Section 378(3)
Cr.P.C. to set aside the order passed by the Learned III Additional District
Judge, (PCR Cases), Madurai in Crl.M.P.No.25 of 2022 and enlarge the
appellants on bail in Crime No. 537 of 2021 on the file of the 2nd respondent.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.110 & 111 of 2022
For Petitioners : Mr.V.Vijayasethupathy
For Respondent : Mrs. M.Aasha
R1 & R2 Government Advocate (Crl. Side)
COMMON JUDGMENT
These Criminal Appeals have been filed to set aside the order passed by
the learned III Additional District Judge, (PCR Cases), Madurai in Crl.M.P.No.
25 of 2022 and enlarge the appellants on bail in Crime No. 537 of 2021 on the
file of the second respondent.
2.In this case, there are totally six accused, in which, the petitioners are
A3, A6 & A5. The case of the prosecution is that one Vijaya Kumar fell in love
with the defacto complainant's sister and got married four years back. The said
Vijayakumar belonged to a Scheduled Caste community and on 19.12.2021,
when the defacto complainant and his family members returned to Madurai
from Palani, the accused persons threatened the defacto complainant by cell
phone and warned his deceased brother-in-law. On the same day the defacto
complainant and his brother-in-law went to liquor shop, at that time, the
accused persons attacked the deceased with knife. Therefore, he sustained
grievous injuries and on the way to hospital he died. Due to which, the second
repondent registered a case in crime No.537 of 2021, for the offence punishable
under Section 147, 148, 302 IPC r/w 3(2)(v) of SC/ST (POA)Act.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.110 & 111 of 2022
3.The learned counsel for the appellant submitted that they are innocent
and not committed any offence as alleged by the prosecution. Only the first
accused is having specific overt act in the case. That apart, they are arrested and
remanded in judicial custody. The investigation is also almost completed.
4.The learned Government Advocate (Crl.Side) submitted that all the
petitioners are having previous cases, similar in nature.
5.It is a case of murder and honour killing. Since the victim deceased
belonged to a Scheduled Caste community and got married with other
community girl and as such the accused persons murdered the deceased. That
apart, all the accused persons are jointly went to the place of occurrence,
attacked the deceased with a knife. Each of the accused is having specific overt
act. Therefore, the court below rightly dismissed the petition. This Court finds
no infirmity or illegality in the order passed by the Court below.
6.Accordingly, these Criminal Appeals stands dismissed.
02.03.2022
Index :Yes/No
Internet:Yes/No
PNM
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.110 & 111 of 2022
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 Additional District Judge III,
(PCR Cases),
Madurai.
2.The Deputy Superintendent of Police,
Oomachikulam Sub Division,
Madurai District.
3.The Inspector of Police,
Silaiman Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.A.(MD)No.110 & 111 of 2022
G.K.ILANTHIRAIYAN,J.
PNM
COMMON ORDER
IN
Crl.A.(MD)Nos. 110 & 111 of 2022
02.03.2022
https://www.mhc.tn.gov.in/judis
