Iyyappan v. State rep. by, The Inspector of Police, Tirunelveli
2014-09-05
N.KIRUBAKARAN
body2014
DigiLaw.ai
Judgment 1. The petitioner who is an accused for the offences under Sections 307, 302 IPC r/w 34 IPC and 3(2)(V) of SC/ST POV Act, 1989, is before this Court seeking a direction to consider his bail petition on surrender. 2. The petitioners and others have been charged under Sections 307, 302 IPC r/w 34 IPC and 3 (2)(V) of SC/ST POV Act, 1989. The matter relates to murder of one Manthiram, S/o. Chidambaram, on 02.08.2014. 3. The learned Counsel appearing for the petitioner would contend that based on the confession of the co-accused only, the petitioner has been sought to be arrested. The learned Counsel appearing for the petitioner would further submit that there is no overt act on the part of the petitioner. 4. The learned Government Advocate (Criminal side) would oppose the bail petition. 5. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent. 6. It is seen that it is a retaliation murder and many murders are taking place in the Southern District in the name of the Community and one such murder is the present one. Though the petitioner would submit that based on the confession statement given by one co-accused, he has been sought to be implicated. Only during the investigation, the role of the petitioner would reveal. It is only under the investigation stage. The offence committed is murder and therefore, the incident cannot be taken very leniently. Even according to the confession statement, the petitioner had also involved in the Meeting wherein a decision was taken to murder the said person. 7. In view of that, the direction as sought for by the petitioner, cannot be granted and the Criminal Original Petition is dismissed.