Madras High CourtCRL OP/9421/2021dismissed

Vivekanandhan v. State Rep.By

2021-06-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9421 of 2021 Vivekanandhan ... Petitioner Vs.

State Rep. by The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.436 of 2019 pending investigation on the file of the respondent.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested on 06.03.2021 for the offence under 'Man Missing' altered to Sections 120(B), 302, 201 of IPC in Cr.No.436 of 2019 on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that A1 in the case had illegal relationship with the deceased. However, the deceased married the defacto complainant. Hence, in order to wreck vengeance, A1 engaged the other accused and they kidnapped the deceased and committed murder. The petitioner is arrayed as A3 in the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) submitted that investigation is still pending. He further submitted that earlier, the petitioner approached this Court by filing Crl.O.P.No.6748 of 2021 and this Court vide order dated 30.04.2021 dismissed the said petition.

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5.Considering the fact that the offence committed by the petitioner is a heinous offence; the fact that investigation is still pending and since there is no change in circumstances subsequent to the order passed in Crl.O.P.No.6748 of 2021, I am not inclined to grant bail to the petitioner.

6.Accordingly, the criminal original petition is dismissed. -sd/- 02/06/2021 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, CHENNAI 2 THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.9421/2021 Date :02/06/2021 RVR 30/06/2021 https://hcservices.ecourts.gov.in/hcservices/