Madras High CourtCRL OP/2438/2022dismissed

Harish v. State Rep By

2022-02-03Honourable Mrs Justice T.V.Thamilselvi2 pages

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.2438 of 2022 HARISH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, RAILWAY POLICE, TIRUVALLUR POLICE STATION, (CRIME NO.129/2021) For Petitioner : M/S.J.PRADEEP 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 03.01.2022 for the offences under Sections 174 of Cr.P.C. subsequently, altered into Sections 147, 148, 294(b), 323, 506(ii), 306 of IPC in Crime No.129 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused is alleged to threaten and assault the deceased in the process of clash between two college groups which resulted in braking of the deceased with mental agony and thus he committed suicide by coaching before the train. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged suicide committed by the deceased and he has been falsely implicated in this case and that the petitioner being a college student has been suffering incarceration for more than 30 days from 03.01.2022. 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 the petitioner is arrayed as A2 and he is the maini root cause for the occurrence and if he is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence and that the investigation has not been completed.

5. On seeing the gravity of offence and the investigation has not been completed Court and as per prosecution, he is the main root cause for the alleged occurrence, this Court is not inclined to grant bail to the petitioner. Accordingly, 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, RAILWAY POLICE, TIRUVALLUR POLICE STATION, TIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB JAIL, THIRUVALLUR.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.2438/2022 Date :03/02/2022 TA-14/02/2022 https://hcservices.ecourts.gov.in/hcservices/