R.Gokul v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.7181 and 7294 of 2020

1. R.Gokul

...Petitioner in Crl.O.P.No.7181 of 2020

2. S.Abineshwaran

...Petitioner in Crl.O.P.No.7294 of 2020

Vs State Represented By:

The Inspector of Police, T-6, Avadi Police Station, Avadi, Chennai - 600 054.

(Crime No.82 of 2020) ..... Respondent in both Crl.O.Ps Common Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge him on bail with own bond on the file of the respondent police in crime No.82 of 2020 on the file of the respondent police.

For Petitioners in both Crl.O.Ps : Mr.K.Balasubramaniam For Respondent in both Crl.O.Ps : Mr.M.Mohamed Riyaz, Additional Public Prosecutor C O M M O N O R D E R The petitioners, who were arrested and remanded to judicial custody on 11.02.2020 for the offence punishable under Sections 457, 380 & 302 of IPC., in Crime No.82 of 2020, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 06.02.2020 during midnight the deceased one Mallika was attacked and murdered by unknown persons and taken away the gold ornaments worth of 10 Sovereigns from the deceased. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the deceased is the grandmother of A-1. A-1 and the A2 got acquainted with each other while playing video games in the game center near the petitioners' house. On the alleged date of occurrence the petitioners were in the game center from evening 5.30 to 11.30 p.m. As per the allegation, the occurrence is said to have taken place on 06.02.2020 at about 9.00 p.m., during which time the petitioners were in the game center and CCTV footage is also available to prove that the allegations made against the petitioners is false. He would further https://hcservices.ecourts.gov.in/hcservices/

submit that the petitioners are the sole bread winner of their family. Hence, he seeks bail to the petitioners.

4. Per contra, the learned Additional Public Prosecutor would submit that the A1 is the grandson of the deceased. A1 along with A2, murdered the deceased and thereafter snatched the gold chain from the deceased and that the investigation is still under progress. Hence, he vehemently opposed for grant of bail to the petitioners.

5. It is seen that there are two accused, in which the petitioners are arrayed as A1 and A2. A1 is none other than the own grandson of the deceased. A2 is the friend of A1. A1 and the A2 have entered into the deceased's house and murdered her by strangulating her neck for gold chain worth about 10 sovereigns and now seven sovereigns have been recovered from the accused.

6. Considering the above facts and circumstances, this court is not inclined to enlarge the petitioners on bail and the petitions stands dismissed.

-sd/- 12/05/2020 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 PRINCIPAL SESSIONS JUDGE,TIRUVALLUR 2 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, T-6, AVADI POLICE STATION, AVADI, CHENNAI-54, 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. K.BALASUBRAMANIAM Advocate on payment of necessary charges Crl.O.P.Nos.7181 & 7294 of 2020 Date :12/05/2020 RVR 17/08/2020 https://hcservices.ecourts.gov.in/hcservices/