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In the Court of Sessions, Tirunelveli Division
Before the Principal Sessions Judge, Tirunelveli.
PRESENT : Thiru.M.SAISARAVANAN, M.L., PRINCIPAL SESSIONS JUDGE. Monday, the 14th day of October 2024. Cr.M.P.No. 7544/2024 (CNR No.TNTL 0101 2110 2024)
1. Angilo, S/o. Jesu Adimai
2. Rojan, S/o. Jesu Adimai ... Petitioners/ Accused. /Versus / State: The Inspector of Police, Koodankulam P.S., Cr.No. 386/2024 ... Respondent/Complainant.
Petition dated: 03.10.2024 filed U/s.483 BNSS prays to grant bail.
This petition is coming on this day for hearing before me, in the presence of Thiru.T.MARIAPPAN, Advocate for the petitioner and THIRU.K.SUBRAMANIAN, the Public Prosecutor for the respondent and upon hearing both sides arguments, this Court passed the following : ORDER The petitioners/accused were arrested and remanded to judicial custody on 06.09.2024 for the alleged offences u/Sec.191(2), 191(3), 49, 296(b), 126(2), 127(2), 103(1), 351(3) BNS, registered by respondent police, seeks bail. The learned counsel for the petitioners/accused would submit that, this is the false case registered against the petitioners. Petitioners have not committed any such offences as alleged by the prosecution. Further petitioners are undergoing incarceration for the past 39 days. Prays to grant bail to the petitioners subject to any conditions. The learned Public Prosecutor would submit that, the prosecution case is that, already enmity existed between Accused No.1 and the deceased regarding bursting of crackers in the Church festival. totally 18 accused involved in this case. Due to this motive, on 02.09.2024 when the deceased along-with his brother came in the motorcycle, accused persons waylaid them, Accused No.1 hold knife and Accused No.2 hold aruval in their hands, at the instigation of Accused No.12 to 14, all other accused, except Accused No.1 and 2 surrounded the deceased, Accused No.1 and 2 attacked him with weapons, other accused kicked him with legs and caused death to him. Hence this case. Further he submitted that, now the petitioners have been detained under Act 14/1982 and the copy of the detention orders are produced herewith. Records perused and the copy of the detention orders passed by the District Collector cum District Magistrate of Tirunelveli against both the petitioners in 169/2024 and 171/2024 respectively shows that, these petitioners/accused have been detained under “ Act 14/1982 “on 04.10.2024. Grave nature of the offences and the preliminary stage of investigation are considered by this Court. In the said circumstances, considering the nature of the offences and also the fact that petitioners have been detained under Act 14/1982 hence, no purpose will be served if bail granted to the petitioners at this stage and also considering the preliminary stage of investigation of this case, this Court is not inclined to grant bail to the petitioners/accused and the petition is liable to be dismissed. In the result, this bail petition is dismissed. Pronounced by me in open court, this the 14th day of October 2024. Sd/- M.SAISARAVANAN, PRINCIPAL SESSIONS JUDGE, TIRUNELVELI.
Copy To:- The Judicial Magistrate, Radhapuram. The Public Prosecutor, Tirunelveli. The Inspector of Police, Koodankulam P.S. The Counsel for petitioners.