Madras High CourtCRL OP/563/2022dismissed

Yaseen Sheriff v. State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

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.563 of 2022 YASEEN SHERIFF [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, TIRUVALLUR.

(CRIME NO.2052/2021) For Petitioner : M/S.M.ILLIYAS 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 petitioner who was arrested and remanded to judicial custody on 26.11.2021 for the offences under Section 302 of IPC, in Crime No.2052 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the deceased was taking treatment in the de-addiction centre namely Pioneer De-addiction Centre situated at Kavangarai, wherein the deceased and the petitioner along with others were taking treatment for alcohol deaddiction and on 26.11.2021, due to wordy quarrel with the deceased, the petitioner along with others assaulted the deceased all over the body and committed murder, thereby, the deceased died on the spot.. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 47 days from 26.11.2021 and hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are four accused involved in this case, out of which, two accused are juvenile and the petitioner is arrayed as A2 and the petitioner is having one previous case and if the petitioner enlarged on bail, he shall tamper with evidence or witness and he shall abscond either during investigation or trial. 5.Considering the facts and circumstances of the case and the petitioner is having one previous case and also considering the gravity of offence and loss of life, this Court is not inclined to grant bail to the petitioner.

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 INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, TIRUVALLUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.ILLIYAS Advocate on payment of necessary charges CRL OP.563/2022 Date :12/01/2022 CSK 28/01/2022 https://hcservices.ecourts.gov.in/hcservices/