VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner/A2 in Crl.O.P.(MD)No.9621 of 2022, who was arrested and remanded to judicial custody on 13/3/2022, the petitioner/A4 in Crl.O.P.(MD)No.9797 of 2022, who was arrested and remanded to judicial custody on 15/3/2022 and the petitioner/A5 in Crl.O.P.(MD)No.9806 of 2022, who was arrested and remanded to judicial custody on 13/3/2022 for the offences punishable under Ss. 147, 148, 294(b), 342, 324, 307 and 302 I.P.C. in Crime No.27 of 2022, on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that one Peththukumar/A1 was having love affair with one Anitha. Anitha was married to her maternal uncle, namely, Pandi. Peththukumar frequently contacted Anitha through phone and on information of Pandi, the defacto complainant and his family members questioned Peththukumar/A1 and asked him to stop his activities. Peththukumar/A1 threatened them and Pandi that he will murder one of them, if they interfere in his activities. On 13/3/2022, at about 01.12 p.m., Peththukumar/A1 -called the above said Pandi and threatened him, then, he called the father of the defacto complainant through phone and told him to come to a temple called Koppusithampatti Malattamman Kovil. The father of the defacto complainant and his brother went to the temple to settle the issue amicably. But, Peththukumar /A1, Rajapandi, Gopinath, Pandiyarajan and Vijayakumar caught hold the deceased, namely, Selvam and Peththukumar/A1 attacked him with Iron rod on the and sent his brother and his father in a two wheeler for taking treatment. At that time, Peththukumar/A1 and his mother came in an Indico Car and hit the defacto complainant with the car and caused him injury. Then they deliberately took the car in reverse mode and run over the complainant's father and murdered him. A case was registered against the petitioners and others in Crime No.27 of 2022, under Ss. 147, 148, 294(b), 342, 324, 307 and 302 I.P.C. The petitioners filed petitions for bail in Crl.M.P.Nos.1167 and 1170 of 2022, before the learned Additional District and Sessions Judge, Virudhunagar District at Srivilliputtur. That petitions were dismissed by the Sessions Judge. Hence, the petitioners have filed these petitions.

(3.) On the side of the petitioners, it is stated that the petitioners are Accused Nos.2, 4 and 5 in the case. The only allegation against this petitioners is that they allegedly caught hold the deceased Selvam, when the first accused assaulted the deceased with iron rod. There is no allegation against the petitioners regarding the second overt act. The alleged second occurrence is that at the instigation of the sixth accused, the first accused drove the car, run over the deceased and caused his death. There is no overt act against the petitioners regarding the second occurrence. Just because the petitioners are the friends of the first accused, they were falsely implicated in the case and prayed the petitioners to be released on bail.