Vishwanathan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.2491 of 2022 VISHWANATHAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

CR.NO.1022 OF 2019.

For Petitioner : M/S.R.SASIKUMAR 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 case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 26.07.2021 for the offences under Sections 302 & 201 of IPC altered into Sections 498(A), 302 and 201 IPC, in Crime No.1022 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused entered into the house of the deceased and murdered him by using iron rod and snatched her jewels. Further, the petitioner along with the other accused sold the jewels and spent the amount. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case based on the confession of the co-accused. He would further submit that this is the second application for bail and the earlier application was dismissed by this Court in Crl.O.P.No.397 of 2022 by order dated 10.01.2022 and that the petitioner been suffering incarceration for more than 6 months from 26.07.2021. Hence, he pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 2 accused in this case and the petitioner is arrayed as A1 and he is involved in many robbery cases. He would further submit that the investigation has been completed and the charge sheet has been filed and the same has been taken on file in S.C.No.146 of 2021. However, it is a case of murder for gain and hence, if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence.

5. On seeing the gravity of offence and the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. The Trial Court is directed to complete the trial in S.C.No.146 of 2021 within a period of four months from the date of receipt of copy of this order.

7. With the above directions, this Criminal Original petition is dismissed.

-sd/- 03/02/2022 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, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.2491/2022 Date :03/02/2022 INBA~10/02/2022 https://hcservices.ecourts.gov.in/hcservices/