VEERAPUTHIRAPANDI Vs. STATE

JUDGEMENT

(1.) ONE Kutti alias Yudheeyusdharan (since deceased), it is said, had been proceeding along Kadalaiyur Road, in a bicycle, his mother santhakumari, having been seated in the cross-bar of the cycle, at about 9. 30 p. M. on 22. 4. 1994. When he was about to cross Rajasundari Kalyana Mandapam, situate in that road, one Arumughadurai (accused 3) Selvamani (accused 4) and veeraputhirapandi (accused 5) were stated to have waylaid him and consequently he got down from the cycle and asked them as to why he was being prevented from proceeding further. Immediately, thereafter Gnanamurthy (accused 1) armed with an aruval, was stated have inflicted two cuts on his head, while Gajendran (accused 2) also armed with an aruval, was stated to have inflicted certain cuts on his hands, on receipt of those cuts, the victim deceased was stated to have fallen on the ground Co-terminus with the raising of a hue and cry by his mother. Thereafter, all those five accused were stated to have escaped from there, by getting into an autorickshaw parked nearby. Thereafter, the victim deceased was stated to have been taken to Government Hospital , where he was pronounced dead. His mother was stated to have lodged an information before Kovilpatti East Police Station which was registered as a case in a Crime No. 366 of 1994 for alleged offences under Secs. 147, 148, 341 and 302 of the Indian Penal Code against them, and further investigation had been taken up.

(2.) SUCH further investigation was stated to have revealed the existence of a conspiracy as to the murder of the deceased, among accused 1 to 5 and three others, namely Mariappan (accused 6) Murugesan alias Kuttai murugan (accused 7) and Arumugha Pandi (accused 8 ). Accused 1 to 4 were stated to have surrendered before the Judicial Magistrate, Tenkasi on 26. 4. 1994. Accused 6 and 7 were stated to have been apprehended respectively on 27. 4. 1994 and 3. 5. 1994. Accused 8 was stated to have surrendered before the Judicial magistrate, Tiruchendur on 9. 5. 1994, while accused 5 was stated to have surrendered before the Judicial Magistrate, Villathikulam on 13. 5. 1994.

(3.) ACCUSED 2, 4 and 7 are languishing in prison, as a consequence of their not moving any sort of an application for bail before any forum whatever. ACCUSED 8, placed in similar circumstances, as that of accused 6, despite moving applications, on four occasions before the Court below for his release on bail had been languishing in prison by the dismissal of those applications, while accused 6 had been favoured with an order of conditional bail.