S. SARAVANAN Vs. PON RAJA PERUMAAL

JUDGEMENT

(1.) The appellants, who are A5 and A6 in Crime No.554 of 2020 for the offence under Sections 120b, 147, 148, 302, 506(ii) IPC r/w 3(1)(X)-SC/ST Prevention of Atrocities Act 1989, was arrested on 15.07.2020. The accused moved a bail application before the Principal district and Sessions Judges, Thiruvallur in O.L.B.P.No.l472 of 2020, and the same was dismissed on 24.08.2020. Against which the present appeal.

(2.) The case of the prosecution is that on 14.07.2020, at about 7.00 p.m., the second respondent police received a complaint from one Pon Raja Perumal stating that on 14.07.2020 at about 04.45 p.m, his maternal uncle Paramaguru, President of Panchayat Board, Kosavan Palayam, was over seeing the Sewage Canal work and Cement Road work in Kosavan palayam. When the said Paramaguru was making payment for the workers, at that time, four persons came in three bikes. All were armed with knife and Aruval, attacked the said Paramaguru on his head, face, chest and all over the body. When the defacto complainant and others attempted to save the said Paramaguru the assailants threatened them by brandishing the knife. Thereafter they escaped from the scene of occurrence in their bikes. The said Paramaguru died on the spot. Hence, a case came to be registered against the appellants and other accused.

(3.) The contention of the learned counsel for the appellants is that the appellants are doing brokerage business in real estate. Other accused Al to A4 are their friend. Admittedly, in this case, the appellants' name does not find place in the FIR and they were not present in the scene of occurrence. The appellants are charged of conspiracy and based on the confession of co-accused the appellants were arrested and remanded in judicial custody for the past 117 days. He further submits that since the appellants were not present in the scene of occurrence the offence under Sections 147, 148, 302, 506(ii) IPC r/w 3(1)(X)-SC/ST Prevention of Atrocities Act, 1989, could not be attracted against them. The appellants reliable understand is that the investigation in this case is almost completed.