K MUTHURAMALINGAM Vs. STATE

JUDGEMENT

(1.) Leelavathi, the unfortunate victim in this case, has been done away with, in a brutal attack allegedly made by the petitioners and another in a broad-day light in a main bazar at Villapuram, Madurai, at about 8.30 a.m. on 23-4-1997, probably for having elected as a Lady Councillor for Ward No. 59, in the Corporation Election at Madurai in Oct. 1996.

(2.) The petitioners herein are seeking grant of bail from this Court. There are totally six accused in this case. The petitioners are A-2, A-1, A-3 to A-5 respectively. They are concerned with Cr. No. 334 of 1997 of Keerathurai Police Station, for the offences under Sections 147, 148, 341, 324 and 302, I.P.C.

(3.) The facts are these :-(i) The first informant in this case Mr. V. K. Kuppusamy, is the husband of the victim Leelavathi, He is working as Tinker in eversilver polishing shed. Both husband and wife were residing along with their three daughters in Nadar compound, Villapuram main road, Madurai. The victim Leelavathi was a full time party worker and District Council Member of CPI (M) party.(ii) In Oct. 1996, in the Corporation election conducted at Madurai Corporation, she contested as a candidate affiliated to CPM., for the 59th ward of Madurai Corporation. One Valli, wife of Karimalayan alias Annadurai (2nd petitioner) also contested in the same ward as DMK candidate. There was a tough fight between them.(iii) However, in a narrow margin the victim Leelavathi got elected. When she was declared elected at the counting centre., viz. at Medical College, Madurai, by the Election Officer, after the counting was over, the first and second petitioners herein - Mathuramalingam and Kerimalayan alias Annadurai, the husband of the said Valli, the DMK candidate, quarrelled with the victim, as well as the Election Officer, objecting to the said declaration. They also attempted to prevent the Election Officer, by creating a scene, from issuing necessary certificate, declaring that she got elected. However, with the help of police the victim obtained necessary certificate from the Election Officer, and returned home.(iv) On that night itself, the petitioners 1 and 2 and others came to the house of the victim and quarrelled with them. But on the intervention of neighbours, the petitioners 1 and 2 and other men disbursed and went away.(v) Since in the local area of Villapuram, there was no tap for drinking water, the victim Councillor, took effective steps for erecting pipelines for drinking water in the entire area, and successfully completed the work. Due to this also, the petitioners, out of jealously, developed enmity with the victim.(vi) On 23-4-1997, at about 8.30 a.m., the victim Leelavathi went to a grocery shop situated near her house, and was purchasing groceries. At that time, the first informant, her husband and his friends were talking together at the corner of the street. Suddenly, the petitioners along with another armed with weapons - aruval, appeared at the scene, by coming over from east, and then began to cut the victim with aruval indiscriminately, and caused injuries all over her body. On seeing this ghastly sight, the first informant and others ran towards the victim. In the meantime, the victim cried aloud, and fell down on the ground, in a pool of blood, and died instantaneously. All the petitioners and another ran towards east. Immediately thereafter, at 10.00 a.m. the first informant gave a complaint to the respondent/police, who in turn registered the case in Cr. No. 334 of 1997, for the offences under Sections 147, 148, 341, 324 and 302 of Indian Penal Code, against two named persons (the petitioners 1 and 2 herein) and four others.(viii) During the course of inquest, the investigating agency came to know the names of other accused, who actually participated in the commission of the crime along with the petitioners 1 and 2. The investigation conducted by the respondent, disclosed that the 1st petitioner Muthuramalingam (A-2) armed with aruval cut the victim on the right side of the neck, the 2nd petitioner Karimalayan alias Annadurai (A-1) with aruval cut the deceased on the right side of the neck the 3rd petitioner Murugan (A-3) with aruval cut the deceased on the cheek, right ear, right shoulder and right hand, the 4th petitioner Murugan alias Soongu Murugan (A-4) with aruval repeatedly cut the deceased on the right and lefthands, the 5th petitioner Meeanakshisundaram (A-5) and one Marudhu alias Nallamarpudhu (A-6) were by surrounding the deceased, helping the other accused in committing the murder of the deceased.(viii) The accused were arrested on 24-4-1997 and 27-4-1997. During the course of investigation, identification parade was conducted on 27-5-1997, and the eye witnesses in this case, correctly identified the petitioners and another.(ix) At this stage, the petitioners have filed the present application before this Court, seeking bail.