Madras High Court
Selvathirumani vs State Represented By on 28 October, 2022
Crl. A.(MD)Nos.602 & 633 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 28.10.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)Nos.602 & 633 of 2022
Crl. A.(MD)No.602 of 2022
Selvathirumani ... Appellant/Petitioner
Vs.
1.State represented by
The Assistant Commissioner of Police,
Tirunelveli City,
Tirunelveli.
2.The Inspector of Police,
Thatchanallur Police Station,
Tirunelveli.
(Crime No.228 of 2022)
3.Thangaraj .. Respondents/Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(1) of SC/ST (POA)
Amendedment Act 2015, to call for the records pertaining to the order passed by the
learned II Additional District and Sessions Judge (PCR), Tirunelveli, in Cr.M.P.No.
1866 of 2022 dated 16.09.2022 and to set aside the same and to enlarge the appellant
on bail in Crime No.228 of 2022 on the file of the respondent.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
For Appellant : Mr.K.Navaneetharaja
For R1 & R2 : Mr.S.Manikandan
Government Advocate (Crl.Side)
For R3 : Mr.C.Senthil Murugan
Crl. A.(MD)No.633 of 2022
Marimuthu ... Appellant/Accused
Vs.
1.The Assistant Commissioner of Police,
Junction Range,
Tirunelveli City,
Tirunelveli. ... 1st Respondent/Investigating Officer
2.The Inspector of Police,
Thatchanallur Police Station,
Tirunelveli Ciry,
Tirunelveli. ... 2nd Respondent/Complainant
3.Thangaraj .. 3rd Respondent/Defacto Complainant
Prayer : This Criminal Appeal is filed under Section 14(A)(1) of SC/ST (POA)
Amendment Act 2015, to call for the records pertaining to the order passed in
Cr.M.P.No.2109 of 2022 on the file of the II Additional District and Sessions Judge,
(PCR), Tirunelveli, dated 03.10.2022 and set aside the same as illegal and enlarge
the appellant on bail by allowing the appeal.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
For Appellant : Mr.K.Sivabalan
For R1 & R2 : Mr.S.Manikandan
Government Advocate (Crl.Side)
For R3 : Mr.C.Senthil Murugan
COMMON JUDGMENT
These Criminal Appeals have been filed to set aside the order passed by
the learned II Additional District and Sessions Judge, (PCR), Tirunelveli, in
Cr.M.P.No.1866 of 2022, dated 16.09.2022 and Cr.M.P.No.2109 of 2022, dated
03.10.2022 and enlarge the petitioners on bail by allowing the appeal.
2.Since the crime is one and the same, both the matters are heard together
and common order is passed.
3. The case of the prosecution in brief:-
The defacto complainant belongs to SC community. His son namely,
Petchiraja was an accused in a murder case. It is alleged that he committed the
murder of one Masanamuthu Nadar. Because of that issue, there was enmity between
these two people. On 06.08.2022, when the defacto complainant along with his sons
namely, Petchiraja & Sivakumar and one Sudalaikumar were going for construction
work, at about 09.20 a.m, when they are crossing Sai Baba Temple, one accused
person came in a motor cycle and dashed Petchiraja's two wheeler and other 2
persons assaulted him with sickle. He died on the spot. The accused No.1 to 3 were
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
arrested. On the basis of the statement given by them, the conspiracy between the
co-accused was disclosed. The financial assistance was rendered by the 8th accused
came to be light. On the basis of the above said occurrence, these two appellants
namely, Selvathirumani and Marimuthu were arrested and remanded to custody.
Both have filed separate bail application before the Special Court. That came to be
dismissed successively. Now, challenging the above said dismissal orders, these two
separate appeals have been preferred.
4.Now, the learned counsel for both the appeals would submit that
absolutely, there was no enmity between these two appellants and the deceased.
There was enmity between the accused No. 1 to 3 and the defacto complainant
group. In which, these two appellants are not involved.
5.The learned Government Advocate (Crl.Side) would submit that there
was a conspiracy between all the accused persons to retaliate murder of the above
said Petchiraja. The petitioner/8th Accused in Crl.A(MD)No.602 of 2022 rendered
financial help to the main accused and insofar as Marimuthu is concerned he gave a
two wheeler to the main accused. Before the Special Court, the defacto complainant
appeared and stated that if the appellants are released on bail, then his life will be in
danger.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
6.Considering the fact that it is a case of retaliation, the successive bail
applications were dismissed. The learned counsel for the appellants submitted that
they were not directly involved in the above said occurrence. Only on the basis of the
confession statement of the co-accused, the appellants have been arrayed as accused,
considering the limited role alleged have been played by these appellants and
considering the period of incarceration, they may be enlarged on bail.
7.Perusal of the order passed by the Special Court shows that there is a
specific allegation against the appellant in Crl.A.(MD)No.602 of 2022 is concerned
he rendered the financial assistance to the main accused and insofar as the appellant
in Crl.A.(MD)No.633 of 2022 is concerned, he supplied his two wheeler to the main
accused for the purpose of committing the above said murder.
8.When there is serious allegation of conspiracy to take retaliatory action,
if the appellants are released on bail, there is every likelihood of tampering the
investigation process and even the life of the defacto complainant may be in danger.
So, the offence of such murder, cannot be taken lightly. The manner, in which, the
retaliation came to be executed, I find absolutely no reason to differ from the order
that has been passed by the learned II Additional District and Sessions Judge, (PCR),
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
Tirunelveli, in Cr.M.P.No.1866 of 2022, dated 16.09.2022 and Cr.M.P.No.2109 of
2022, dated 03.10.2022 . Accordingly, both the Criminal Appeals are dismissed.
28.10.2022
Index : Yes/No
Internet : Yes/No
dss
To
1.The II Additional District and Sessions Judge, (PCR),
Tirunelveli.
2. The Assistant Commissioner of Police,
Tirunelveli City,
Tirunelveli.
3.The Inspector of Police,
Thatchanallur Police Station,
Tirunelveli.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)Nos.602 & 633 of 2022
G.ILANGOVAN,J
dss
Crl. A.(MD)Nos.602 & 633 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
