Madras High CourtCRL OP/9451/2021dismissed

Raushan Manji v. The Inspector Of Police

2021-05-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.05.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9451 of 2021 Raushan Manji ... Petitioner Vs.

State rep. by, The Inspector of Police, Ambattur Estate Police Station, Chennai District.

(Crime No. 734/2019) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending committal in P.R.C.No.3 of 2020 pending on the file of Judicial Magistrate, Ambattur.

For Petitioner : Mr. D.Bennington For Respondent : Mr.E. Rajthilak Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 27.11.2019 and remanded to judicial custody for the offences punishable under Sections 449, 380, 302 of IPC r/w 34 of IPC in P.R.C.No.3 of 2020 in Crime No.734 of 2019 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused were the employees of the deceased and there was a dispute between them as regards the salary given. If is further alleged that the petitioner along with the other accused assaulted the deceased with iron rod, due to which, he got injured over his forehead and subsequently died and had also robbed a sum of Rs.4600/- and a cell phone from the deceased. Hence, the compliant. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner submitted that the case is now pending in PRC.No.3 of 2020 and that the petitioner is in judicial custody from 27.11.2019. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner belongs to the State of Bihar. Further law enforcing agency secured the accused after great efforts and that if released on bail, there is possibility of the petitioner absconding and that the trial may not be completed and vehemently opposed for grant of bail to the petitioner.

5.Considering the fact that petitioner belongs to the State of Bihar and that if released on bail, there is possibility of the petitioner absconding and that the trial may not be completed, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/05/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE AMBATTUR ESTATE POLICE STATION, CHENNAI DISTRICT.

CC to M/S.D.BENNINGTON Advocate on payment of necessary charges CRL OP.9451/2021 Date :20/05/2021 cs 29/06/2021 https://hcservices.ecourts.gov.in/hcservices/