Vignesh @ Karima v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.850 of 2022 1 VIGNESH @ KARIMA [ PETITIONERS / ACCUSED ] 2 MANOJ 3 MANU @ MANO Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, ARANI TOWN POLICE STATION, (CRIME NO.1089/2021) For Petitioners : M/S.K.ASWIN, Advocate For Respondent : MR.N.S.SUGANTHAN, 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 05.11.2021 for the offences under Section 341, 294(b), 323, 324, 307 and 506(ii) of IPC read altered with Section 302 of IPC, in Crime No.1089 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 04.11.2021, at about 10.00 p.m., there was a wordy quarrel between A1, A2 and the deceased. At that time, A1 and A1 attacked the deceased with Brick during which, A3 and A4 also joined A1 and A2 and attached the deceased by using bricks and caused the death of the deceased. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence. In fact the deceased is a notorious rowdy and he has got several enemies and that the petitioners have been falsely implicated in this case. He would further submit that the petitioners have been suffering incarceration for more than 68 days from 05.11.2021 and hence, he would pray for grant of bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioners are arrayed as A1, A2 and A4 and the A1 has got 1 previous case, A2 has got 2 previous cases but admits that there is no previous case against A4 and that the deceased also a rowdy element. Further, he would submit that the investigation has not been completed and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond. He further submits that this Court already dismissed the petitioner's earlier bail petition in Crl.OP.No.24779 of 2021 dated 17.12.2021.
5. It is seen that a gang of persons are involved in this case and the deceased is also a notorious person and hence, the case needs a detailed investigation and if the petitioner are released on bail, there is possibility of the petitioners getting abscond. Therefore, this court is not inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/01/2022 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 SUB INSPECTOR OF POLICE, ARANI TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. V.M.VENKATARAMANA Advocate on payment of necessary charges CRL OP.850/2022 Date :12/01/2022 JPA 28/01/2022