Aathi @ Athimurasu v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7486 & 7489 of 2022 1 AATHI @ ATHIMURASU [ PETITIONERS / ACCUSED 2 SELVA @ SELVAKUMAR IN CRL.O.P.No.7486/2022 ] 3 SIVAKUMAR 4 VIJAY 1 SAKTHI [ PETITIONERS / ACCUSED 2 LIKSON @ LEKSONAKASH @ ASHRAF ALI IN CRL.O.P.No.7489/2022 ] 3 MAHENDRAN 4 JEEVASARATHY @ SARATHI Vs THE STATE REP.BY [RESPONDENT IN BOTH THE PETITIONS] STATION HOUSE OFFICER TOWN POLICE STATION, KARAIKAL, PUDUCHERRY.

CR.NO.48/2022.

For Petitioner : M/S.P.SURESH BABU, Advocate [IN BOTH THE PETITIONS] For Respondent : MR.V.BALAMURUGANE, Public Prosecutor for Puducherry, [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

2.These petitioners are arrayed as A1, A3, A5 and A6 on the complaint given by one Manikandan alleging that on the wee hours of 28.02.2022, these petitioners along with the others due to previous enmity, had attacked him with deadly weapon causing grievous injury all over the body. However, he did not report it immediately fearing https://hcservices.ecourts.gov.in/hcservices/

retaliation of these petitioners but later he has disclosed the truth to the police. The CCTV camera has been seized by the Investigating Officer and the assault on the defacto complainant by these petitioners, being established through the skeletal evidence and the CCTV footage.

3.In the said circumstances, the learned Public Prosecutor (Puducherry) would submit that the defacto complainant had sustained severe injury all over his body particularly skull, upper limb causing fracture and treated with 15 stitches. The occurrence was taken place during the early hours of the day and the presence of the petitioners prima facie being established from the evidence collected and considering the apprehension as expressed by the defacto complainant in his complaint itself, this Court is of the view that the release of these petitioners on bail will intimidate the victim witness and tamper the evidence. Hence, these criminal original petitions for bail are dismissed.

-sd/- 31/03/2022 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 STATION HOUSE OFFICER TOWN POLICE STATION, KARAIKAL, PUDUCHERRY.

2 THE PUBLIC PROSECUTOR PUDUCHERRY.

3 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET.

CC to M/S. P.SURESH BABU Advocate on payment of necessary charges CRL OP.7486 & 7489/2022 Date :31/03/2022 TA-07/04/2022 https://hcservices.ecourts.gov.in/hcservices/