SRIDHAR VANDAYAR Vs. STATE

JUDGEMENT

(1.) THE petitioners herein are accused Nos.1 and 2. THE petitioners herein along with certain other persons stand charged for the alleged commission of offence under Secs.147, 148, 302, 120B, 201 and 212, I.P.C.

(2.) THE case of the prosecution briefly stated is as under: THE petitioners herein are popularly known as Vandayar Brothers in Chidambaram Taluk. THEy belong to affluent family and wide great influence, in and around Chidambaram. THEre was enmity between the deceased Palanivel and the petitioners herein, in that Palanivel competed with the petitioners in obtaining lease of liquor shop and also obtaining licence to collect fees for parking vehicles in public place like nus stand etc. Palanivel was the successful bidder. Because of Palanivel, the petitioners herein were put to huge monitary loss. THE petitioners wanted to do away with Palanivel, and therefore, they hired persons from various southern districts. On the fateful day, the persons set up by the petitioners herein came in a Mahendra van and attacked Palanivel with lethal weapons in broad-day-light in a public place known as "Shajahan complex", as a result of which Palanivel died. THE assailants escaped in the Mahendra Van and reached Madras, and later, Abandoned the Van at Chidambaram itself in Annamalai University complex after removing the number plate. THE eyewitness to the occurrence preferred a complaint to the police, on the basis of which First information Report was registered. Though initially the names of the petitioners herein were not included in the F.I.R. later investigation revealed about the complicity of the petitioners herein in the crime. THE petitioners evaded arrest and finally after proclamation for attachment of their property they surrendered before the judicial Magistrate, Gobichettipalayam on 5.1.1999. Right from 5.1.1999, the petitioners are in prison. THEir applications for bail have been rejected twice. THE instant application is the third application.

(3.) THE test for determining whether a prima facie case exists or not at a time prior to the stage of the trial is not that if the prosecution witnesses are shattered in cross examination or the witnesses named in the F.I.R. do not support the story when the trial proceeds, the case will end in acquittal, but that if at the trial the witnesses deposed and has averred in the First Information Report. If the guilt of the accused shall stand proved beyond all reasonable doubt. Applying the test to the instant case, it is evident that there had been a board-day-light murder. THEre is an eyewitness to the murder who has given the first Information Report. THEre is certain complicity of the accused in the incident before and after in that seven innocent persons have been set up to surrender before the Cuddalore Police Station as if they have committed the murder. But, on thorough investigation, it has been found that the 13th accused who happens to be an advocate was instrumental in surrendering these innocent persons, later they have given 162 statement to the effect that at the instance of the 13th accused, they have surrendered before the police, stating that they are the perpectractors of the crime. Consideration of the statements recorded by the investigating machinery would go to show that there is a prima facie case against the petitioners. In the earlier bail petitions, my learned brother M.Karpagavinayagam, J. has pointed out that the petitioners stand charged of a grave crime. THE heinous nature of the crime could be evident from the manner in which it is carried out in a day light in a public place where there is lot of Public movement. I am satisfied that the allegations are of grave nature and there is prima facie case.