Madras High CourtCRL OP/2722/2022dismissed

Police @ Venkatesan v. State Rep By

2022-02-04Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.2722 of 2022 POLICE VENKATESAN @ VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SUNGUVARCHATHIRAM POLICE STATION, KANCHEEPURAM DISTRICT.

(CRIME NO.786/2021) For Petitioner : M/S K.SUTHAN 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 31.12.2021 for the offence under Sections 195 A, 141, 342, 447, 506(i) and 307 of IPC, in crime No.786 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police against the petitioner herein and other accused by alleging that the accused persons threatened the defacto complainant as well as her father to execute a sale deed in favour of the one accused person. Thereafter, A1/Guna @ Pandian arrested by the police, then, the petitioner herein along with other accused threatened her and forcibly took her before the learned Judicial Magistrate, Sriperumbudur and filed an affidavit, in which, stating that she has no objection to release the petitioners on bail as they have entered in to the compromise, on the basis of which A1 was released on bail. Subsequently, the petitioner along with other accused persons took the defacto complainant before the Hon'ble High Court and forced her to file an affidavit before the Hon'ble High Court to quash the FIR filed against the petitioner and other accused persons. Hence, the complaint.

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3. The learned counsel for the petitioner would submit that petitioner is no way connected in this case and he was falsely implicated in this case. He further submits that the petitioner was suffering incarceration for more than one months from 31.12.2021. He prays to grant of bail to the petitioner.

4. The learned Government Advocated (Crl.side) raised objection stating that the petitioner threatened the defacto complainant to file an affidavit before this Court to quash the FIR registered against the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is being the police, his attitude is grave in nature and if he released on bail he may tamper the evidence, this Court is not inclined to grant bail to the petitioner.

6. The Director General of Police is directed to transfer the petitioner to some other District as per the manner known to law, until the disposal of this case.

7. With the above direction, this Criminal Original Petition is dismissed.

-sd/- 04/02/2022 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, SUNGUVARCHATHIRAM POLICE STATION, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB JAIL, CHENGALPATTU.

CC to M/S K.SUTHAN Advocate on payment of necessary charges CRL OP.2722/2022 Date :04/02/2022 TA-14/02/2022 https://hcservices.ecourts.gov.in/hcservices/