Madras High CourtCRL OP/1309/2022dismissed

Rajkumar v. State Rep By

2022-01-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION Nos.1309 and 1405 of 2022 1 RAJKUMAR [ PETITIONERS / ACCUSED 2 LOKESH IN CRL.O.P.No.1309 of 2022] 1 MUNIRAJ [ PETITIONERS / ACCUSED 2 VENKATESH IN CRL.O.P.No.1309 of 2022] 3 MANIKANDAN 4 MUNIKRISHNAN 5 GANESH Vs STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS] DENKANIKOTTAI POLICE STATION, KRISHNAGIRI.

CR.NO. 510 OF 2021.

For Petitioner : M/S. J.KINGSLY SOLOMON Advocate [IN BOTH THE PETITIONS] For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 06.12.2021, 26.11.2021 and 07.12.2021 for the offences under Sections 147, 148, 294 (b), 302 of IPC in Crime No. 510 of 2021 on the file of the respondent police seek bail.

2. The case of the prosecution is that on 20.11.2021, there arose a wordy quarrel between the 1st accused and the deceased while participating in the chit which was held at Marchanchavadi near Iyyappan Temple. At that time, the deceased tried to attack the 1st accused and thereafter, the 1st accused along with the co-accused attacked the deceased which lead to his death on the spot. Hence, the complaint.

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3. The learned Counsel for the petitioners submitted that the petitioners were only Ex-Partner to a Finance business and they were not at all present at the place of occurrence and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and that they have been suffering incarceration for more than 50 days from 26.11.2021. Hence, he seek for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor raised strong objection stating that there was a dispute between either parties in sharing, it needs a detailed investigation.

5. On seeing the nature of offence and the gravity of alleged murder, the case needs a detailed investigation. Hence, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/01/2022 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, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI.

2 THE OFFICER INCHARGE, SUB JAIL, SALEM.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S. J.KINGSLY SOLOMON Advocate on payment of necessary charges SR.NO.1119 +1 CC to M/S. J.KINGSLY SOLOMON Advocate on payment of necessary charges SR.NO.1118 CRL OP.Nos.1309 and 1405/2022 Date :24/01/2022 INBA~28/01/2022 https://hcservices.ecourts.gov.in/hcservices/