Ramesh Patel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1615 of 2022 IN SC.NO.168 of 2021 (on the file of the Additional District Judge, Mayiladuthurai) RAMESH PATEL [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SIRKALI POLICE STATION, MAYILADUTHURAI DISTRICT (CR NO.151/2021) For Petitioner : M/S.R.THAMARAI SELVAN Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor 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 27.01.2021 for the offences under Sections 397, 307, 302, 120(B), 449, 342, 324, 394, 506(ii), 34, 109 IPC 25(1)(a) Arms Act 1959, in Crime No.151 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant is running a pawn broker and jewellery shop in Sirkali. On 27.01.2021, three persons entered into the house of the defacto complainant forcibly with Aruval and Gun and assaulted the defacto complainant, his son, daughter-in-law and his wife and committed theft of jewels and cash kept in his house and during the assault, the defacto complainant's wife and son died. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than one year from 27.01.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would raise strong objection stating that a gang of persons are involved in this case and most of them belong to Rajasthan. It is a case of murder for gain and during the incident, the accused have killed wife and son of the defacto complainant. He would further submit that the main accused/A1 was earlier granted bail and thereafter, he has escaped to Rajasthan and thereby, though the charge sheet has been filed and the case has been taken on file, there is no progress in the trial. 5.On seeing the grave nature of offence and that there is every possibility of the petitioner getting abscond and tampering the evidence, this Court is not inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 27/01/2022 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 ADDITIONAL DISTRICT JUDGE MAYILADUTHURAI.

2 THE INSPECTOR OF POLICE, SIRKALI POLICE STATION, MAYILADUTHURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.THAMARAI SELVAN Advocate on payment of necessary charges CRL OP.1615/2022 Date :27/01/2022 CSK 07/02/2022