Madras High CourtCRL OP/877/2022dismissed

Honest @ Honestraj v. State Rep By

2022-01-19Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Nineteenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.877 of 2022 HONEST @ HONESTRAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, D NAGAR POLICE STATION, PUDUCHERRY.

(CRIME NO.323/2020) For Petitioner : M/S A.PRAKASH Advocate For Respondent : M/S.V.BALAMURUGANE, Additional Public Prosecutor (Pudhucherry) 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 10.12.2020 for the offences under Sections 302, 120(B) r/w Section 34 of IPC, in Crime No.323 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the deceased. The petitioner along with other accused persons, due to previous enmity, assaulted the defacto complainant's son using deadly weapon and thereby committed murder. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that this is the second application for bail and the earlier application for bail in Crl.O.P.No.22725 of 2021 was dismissed by this Court by order dated 30.11.2021 and that the petitioner has been suffering incarceration for more one year and hence, he would pray for grant of bail to the petitioner.

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4. Mr.Balamurugane, Additional Public Prosecutor (Puducherry) would raise strong objection that the petitioner has been formally arrested in this case and that the petitioner is having five previous cases and two cases of like nature of Section 302 of IPC.

5. On seeing the above facts and circumstances of the case and the conduct of the petitioner, this Court is of the opinion that if the petitioner 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/- 19/01/2022 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 STATION HOUSE OFFICER, D NAGAR POLICE STATION, PUDUCHERRY.

2 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET.

3 THE PUBLIC PROSECUTOR, PUDUCHERRY.

CC to M/S A.PRAKASH Advocate on payment of necessary charges CRL OP.877/2022 Date :19/01/2022 INBA~25/01/2022 https://hcservices.ecourts.gov.in/hcservices/