Ramadas v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.136 of 2022 RAMADAS [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ATTUR RURAL POLICE STATION, SALEM DISTRICT (CRIME NO.467/2021) For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 02.12.2021 for the offences under Sections 147, 148, 302, 201 and 120(B) of IPC, in Crime No.467 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 23.03.2021, the deceased went missing. Hence, the defacto complainant who is the cousine sister of the deceased lodged a complaint before the Namagiripettai Police Station and on receipt of the same, initially the case was registered under "Man Missing" in Crime No.313 of 2021 and during investigation, it reveals that in order to grab the property of the deceased, the petitioner along with 5 other accused committed murder of the deceased. Thereafter, the case was transferred to the respondent police for jurisdiction purpose wherein, new crime number was assigned and the case was altered as stated above.

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3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 50 days from 02.12.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would raise strong objection stating that there are totally 6 accused in this case and the petitioner is arrayed as A3 and that he has got 3 previous cases of like nature. He would further submit due to land dispute between A1 and the deceased, all the accused joined together and committed the murder of the deceased who was aged about 74 years and that the body of the deceased has not been secured yet. 5.On seeing the gravity of offence and that the body of the deceased has not been secured yet, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/01/2022 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 INSPECTOR OF POLICE, ATTUR RURAL POLICE STATION, SALEM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.136/2022 Date :24/01/2022 CSK 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/