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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.
Friday, the 04th day of October 2024.
Cr.M.P.No. 7479/2024
(CNR No.TNTL 0101 2032 2024)
1. Juliyus, S/o. Jesu Adimai
2. Ajay @ Siluvai Arul Ajay, S/o. Jesu Adimai
3. Selva, S/o. Jesu Adimai
4. Parthiban, S/o. Kilbert ... Petitioners/ Accused.
/Versus /
State: The Inspector of Police,
Koodankulam P.S.,
Cr.No. 386/2024 ... Respondent/Complainant.

Petition dated: 01.10.2024 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 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.
The learned Counsel appearing for the petitioner/accused would submit that,
petitioners have been falsely implicated in this case as Accused No.3, 4, 6 and 8.
These petitioners are undergoing incarceration for the past 29 days. Prays to grant
bail to the petitioners subject to any conditions.
The learned Public Prosecutor would submit that, petitioners arrayed as
Accused No.3, 4, 6 and 8 respectively. one of the co-accused is still absconding.
Investigation is not yet completed and tension is prevailing in the occurrence area.
Further after the occurrence, either side attacked each other and Five cases were
registered and hence strongly objected the petitions.
Records perused. This is a case of murder and the learned Public Prosecutor
has reported that, tension is still prevailing in the occurrence area. Furthermore
records shows that, alleged occurrence was taken place only on 02.09.2024 and hence
investigation is in early stage. These petitioners are undergoing incarceration for the
past 29 days only. Further subsequent to this occurrence, 5 FIRs have been registered
consequently. In the above circumstances, considering the grave nature of offences,
the facts and circumstances and also considering the preliminary stage of
investigation of this case, this Court is not inclined to grant bail to the
petitioners/accused and this petition is liable to be dismissed.
In the result,this bail petition is dismissed.
Pronounced by me in open court, this the 04th 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.

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