Manikandan@Gowtham v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22 of 2022 1 MANIKANDAN @ GOWTHAM [ PETITIONERS/ACCUSED ] 2 RANJITHKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.
CRIME NO.1117/2021 For Petitioner : M/S.K.SUDHAKAR, Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 23.11.2021 for the offences under Sections 341, 342, 363 and 302 of IPC, in Crime No.1117 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the de facto complainant is working as HR in SCM company for past 6 years in which, migrant workers are also working and they were staying in a hostel situated at M.Nathampalayam. On 21.11.2021, one Mukesh Kumar Yadav had informed the de facto complainant that some unknown persons attacked one Anilkumar Yadav and thrown him before the hostel gate and the injured was taken to AKVN hospital and subsequently, on the advise of the doctors, he was taken to Government Hospital, Coimbatore, wherein, he was declared as dead. Thereafter, when the defacto complainant enquired with the Anilkumar's hostel inmate one Lalukumar Yadav, he came to know that the said Anilkumar had developed friendship with one
Sakthi and used to talk with her over phone frequently and when it came to the knowledge of the said Sakthi's relatives, they have shouted at them. Thereafter, on 21.11.2021, the said Sakthi called the Anilkumar and asked him to come to the Market. Therefore, the said Anilkumar along with Lalukumar Yadav went to the Market. But the said Sakthi did not come there. Thereafter, at about 5.45 p.m. while, they were returning to hostel, the father and relatives of the said Sakthi waylaid and taken the Anilkumar forcibly along with them in a bike. Immediately, the said Lalukumar Yadav went to the hostel and informed the same to the other inmates and when they were about to go and search for the Anilkumar, he was found with injuries before the hostel gate. Hence this case.
3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and that the petitioners have been suffering incarceration for more than 40 days from 23.11.2021. Hence, he would pray for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would raise objection stating that there are totally 4 accused in this case and that the petitioners who are arrayed as A3 and A4 also accompanied the other accused at the time of occurrence and that the investigation is at the initial stage.
5. Considering the grave nature of offence and the investigation is at the initial stage and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 05/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
2 THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.SUDHAKAR Advocate on payment of necessary charges CRL OP.22/2022 Date :05/01/2022 RW 25/01/2022