Thavamani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twentieth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.421 of 2022 DHAVAMANI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSEPCTOR OF POLICE, SHO, THIRUNALLAR POLIC STATION, KARAIKAL DISTRICT CR NO.160/2021 For Petitioner : M/S.K.ARAVINDRAJ Advocate For Respondent : Mr.V.Balamurugane Public Prosecutor for Pondicherry 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 30.10.2021 for the offences under Sections 148, 302, 307 IPC r/w. Sec. 149 IPC @ Sec. 148, 302, 307, 120-B, 109 r/w Sec. 149 IPC, in Crime No.160 of 2021 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with others attacked the defacto complainant and two others, due to which one of the victim sustained grievous injuries and died. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she is a lady aged about 55 years and that she has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 80 days from 30.10.2021. Hence, he seeks for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor raised strong objection stating that there are totally 15 accused in this case and the petitioner is arrayed as A9 and she is the one who supplied the weapons to the other accused and that she has got 2 previous cases of like nature and if she is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence and that the investigation has not been completed.

5. It is seen that a gang of persons are involved in this case and that she has two previous cases of like nature and if she is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 20/01/2022 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 INSEPCTOR OF POLICE, SHO, THIRUNALLAR POLIC STATION, KARAIKAL DISTRICT 2 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S.K.ARAVINDRAJ Advocate on payment of necessary charges CRL OP.421/2022 Date :20/01/2022 RVR 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/