Kamalakannan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fifth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.3647 of 2022 IN P.R.C.No.25/2021 (On the file of Learned Judicial Magistrate Court-Thiruvarur) 1 KAMALAKANNAN [ PETITIONERS / ACCUSED ] 2 SARAVANAN @ SARAVANAKUMAR Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.
CR.NO. 84 OF 2021.
For Petitioner : M/S.P.MUTHAMIZH SELVAKUMAR Advocate For Respondent : MR.L.BASKARAN,Govt. 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 15.07.2021 for the offence under sections 294(b), 341, 120(b), read with 302 of Indian Penal Code 1860, in Crime Number 84 of 2021 on the file of the respondent police seek bail.
2. The case of the prosecution is that the deceased was working in a private concern and he was political personality. On the date of occurrence, 6 persons brutally attacked the deceased due to which, he died at the spot. Hence, the complaint.
3. The learned counsel for the petitioner would submit the deceased is a notorious person and having antecedents record and on the enmity, one of the adverse party would have committed the offence and that the petitioners have been falsely implicated in this case. He would further submit that the investigation has been completed and the charge sheet has been filed and the case has been taken on file in P.R.C.No.25 of 2021 on the file of the learned Judicial Magistrate, Thiruvarur and that the petitioners have been suffering incarceration for more than six months from 15.07.2021. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl.Side) raised objection stating that the petitioners are history sheeters and each of the petitioners are having three previous cases out of which, one is for the offnece under section 302 IPC and if they are released on bail, there is every possibility that they would tamper the evidences.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and also the antecedents of the petitioners, if they released on bail they may tamper the evidence and there is no change of circumstances, this court is not inclined to grant bail to the petitioners. However, the trial Court is directed to complete the committal proceedings as early as possible.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/02/2022 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 JUDICIAL MAGISTRATE, THIRUVARUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges Sr.3029 CRL OP.3647/2022 Date :25/02/2022 RVR 03/03/2022 https://hcservices.ecourts.gov.in/hcservices/