SUTHERSON Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Accused No.15 in Crime No.48 of 2023 on the file of the respondent police is the appellant herein. The respondent police registered a case against the appellant and other accused for the offences under Ss. 147, 148, 449, 302 and 109 IPC r/w 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989. The appellant filed the bail application in Crl.M.P.No.528 of 2023 and the same was dismissed by the learned trial Judge by the impugned order, dtd. 22/6/2023.

(2.) The case of the prosecution. According to the prosecution, the deceased is a practising advocate in Thoothukudi and Tirunelveli Bar Association. The defacto complainant in the above crime number has two brothers. One of his brother's name is P.K.Shivakumar and another brother's name is P.K.Muthukumar. The said P.K.Shivakumar was murdered by a mob in front of the Court campus in the presence of the deceased P.K.Muthukumar and the defacto complainant. Hence, the Thoothukudi South police station registered a case in Crime No. 533 of 2019. In the said case, one of the accused is Rajesh. The said Rajesh is the friend of the present appellant. According to the prosecution, the present appellant is a B.Tech Graduate and got Gold medal from Anna University. Earlier, he was working in a software company at Chennai. Thereafter, he came to his native place to do agricultural activities. After his arrival to Thoothukudi, he developed the relationship with the said Rajesh. The deceased advocate P.K.Muthukumar and the defacto complainant herein were continuously taking steps to intervene in the bail applications filed by all the accused in the murder case of his brother P.K.Shivakumar. The same infuriated and provoked the accused in Crime No.533 of 2019 to hatch a plan to eliminate the said P.K.Muthukumar as he was hurdle to them for getting bail. Therefore, the accused in the jail conspired with this appellant and other accused and murdered the said P.K.Muthukumar, Advocate on 22/2/2023 at 2.15 p.m, near P.K.Gold Loan Shop at Thoothukudi Soreeshpuram Madhapur Road. Hence, the complaint was given before the SIPCOT Police Station, namely, the respondent police. The respondent police registered a case in Crime No.48 of 2023 for the offence under Ss. 147, 148, 449, 302 and 109 IPC r/w 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. The investigation officer arrested the accused and filed the final report against 15 accused and the same was taken on file in S.C.No.25 of 2023. The appellant filed the bail application and the defacto complainant also appeared and submitted his detailed counter. The learned Additional Public Prosecutor also filed a detailed counter. The learned trial Judge, after considering all the materials and submissions, dismissed the bail petition vide the impugned order dtd. 22/6/2023. Challenging the same, the appellant filed this appeal before this Court.

(3.) The learned Senior Counsel for the appellant made the following submissions: