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Madras High CourtCRL OP/4611/2024dismissed

Kandhan v. State Rep.By

2024-03-13Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.4611 of 2024 Crl.O.P.No.4611 of 2024 and Crl.M.P.No.4273 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A8 who was arrested and remanded to judicial custody on 11.01.2024 for the offences registered by the respondent Police under Sections 147, 148, 302 r/w 120B of IPC, in Crime No.375 of 2023, seeks bail.

2.The case of the prosecution is that there was a dispute between the deceased and A9. The wife of the deceased had been elected as Vice President of of Vichoor Village Panchayat, Cholavaran Union Ponneri Taluk, Thiruvallur Distrct. A9 is the President of the said Village Panchayat. There was a continuous dispute between the deceased and A9. It is stated that owing to that particular dispute, A9 had, through this petitioner, taken a decision to commit the murder of the deceased. 3.The specific overt act as against this petitioner is that he had distributed the money to the actual henchmen who are A1 to A6. They had been detained under Act 14 of 1982.

4.The intervenor had also entered appearance and it is stated that though the respondent came to know about the involvement of the offence, only after several representations had been given to the higher officials, did the respondent actually secure the petitioner on 11.01.2024 with much reluctance. A9 is still absconding. 5.It is also seen that the anticipatory bail application of A9 had been dismissed in Crl.O.P.No.1617 of 2024 by an order dated https://www.mhc.tn.gov.in/judis

Crl.O.P.No.4611 of 2024 C.V.KARTHIKEYAN,J.

vkr 13.02.2024. While dismissing the said petition, this Court had also observed as follows:

"10.Mr.D.Raji, the Inspector of Police, M7 Manali Newtown Police Station, Chennai, who is present in Court today, should again appear before this Court on 26.02.2024 at 2.15 p.m and report that he had taken the petitioner into custody, failing which the Court would not hesitate in holding that he is not fit to wear the badge and uniform of the police force." 6.It is thus seen that there is still threat to the family members of the deceased and till all the accused are secured, the threat will continue.

7.In view of these statements, I am not inclined to grant bail to the petitioner.

8.Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 13.03.2024 vkr Crl.O.P.No.4611 of 2024 and Crl.M.P.No.4273 of 2024 https://www.mhc.tn.gov.in/judis