BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved : 15/12/2023 Date of Pronounced : 21/02/2024 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.22643 of 2023 and Crl.MP(MD)No.17697 and 17699 of 2023 Gurubaran : Petitioner/A8 Vs.

1.The State rep. by The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District : 1st Respondent/Complainant

2.Prema Johnson : 2^nd Respondent/

De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records in connection with PRC No.1 of 2022 on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District in relation to Crime No.356 of 2017 on the file of the Inspector of Police, Panagudi Police Station, Panangudi, Tirunelveli District and quash the same in respect of the petitioner herein as devoid of merits and illega.

For Petitioner : Mr.S.Palani Velayutham For 1st Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking quashment of the case in PRC No.1 of 2022 on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District in connection with Crime No.356 of 2017 on the file of the Inspector of Police, Panangudi.

2.The case of the prosecution in brief:-

The de-facto complainant lodged a complaint stating that his deceased son namely Prem Vinster, after completing B.E degree course was staying in Vadalivilai Colony Street, after taking out about 10 acres of Thottam from one GR Madam. He was staying there and used to come to the house to see him. On 23/08/2017 at about 08.45 am, one Poomalai informed him that his son was found lying dead with several injuries on the neck region. He immediately went to the spot and found his body with several injuries. It is further stated by him that there was enmity between his son and one Dhinakar, who is the Chairman of Sathyam Engineering College. Apart from that, Prem Vintser is also enquired in a murder case. On the basis of the complaint given by the de-facto complainant, a case in Crime No.356 of 2017 was registered for the offences under sections 449 and 302 of IPC. After completing the investigation, final report was filed and it was taken cognizance in PRC No.1 of 2022 by the Judicial Magistrate, Valliyoor, Tirunelveli District, for the offences under sections 449 and 302 of IPC. 449, 302, 120B, 147, 148, 212, 149, 440, 447 and 34 of IPC implicating eight persons. One among them is the petitioner herein.

3,In the final report, it has been stated that all the accused persons mentioned in the final report are known to each other. A1 namely Prem Aristotle was having money transaction with the deceased. Over the money issue, a complaint was also given, due to which enmity exists between them. On 22/08/2017 A1, A2 A4 and A7 entered into criminal conspiracy to do away with the deceased in the farm house itself. In furtherance of the conspiracy, A2 to A7 collected weapons, went to the farm house of the deceased in three separate two wheelers. A7 was dropped in the entry for keeping watch and other accused namely A2 to A6 trespassed into the farm house, caused several assault upon the deceased on various parts of the body. Because of severe injuries sustained by the deceased, he died on the spot. After committing the murder A2 to A7 met this petitioner and sought his help for escape. This petitioner alleged to have provided shelter knowing fully well that A2 to A7 committed murder. He transported them in his Car bearing registration No.TN-74-A-8793. So, this is the sub and substance of the entire prosecution.

3.As mentioned above, the allegation against the petitioner is that he fully knowing provided shelter and harbouring the offenders and the cognizance taken against the petitioner is for the offences under sections 120(B), 302 r/w 34 of IPC.

4.Seeking quashment of the same, this petition is filed stating that he is not involved in the occurrence; He was