B.Bharadhwaj v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL ORIGINAL PETITION No.10863 of 2022 B.BHARADHWAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE P-6 KOUNGAIYUR POLICE STATION, PULIANTHOPE, CHENNAI.

(CRIME NO.219/2022) For Petitioner : M/S.S.KUMARA DEVAN Advocate For Respondent : MR.L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (1)The petitioner, who was arrested and remanded to judicial custody on 01.03.2022 for the alleged offences punishable under Sections 147, 148, 341, 307, 302 and 506[ii] of IPC in Crime No.219 of 2022 on the file of the respondent police, seeks bail. (2)The case of the prosecution is that on account of previous enmity in running the vegetable shop, the accused persons including the petitioner herein, on 27.02.2022, entered into the shop of the defacto complainant/wife of the deceased and attacked both the complainant and the deceased with sickles. The deceased succumbed to injuries while the defacto complainant sustained grievous injuries, resulting in the registration of the case. (3)The learned counsel for the petitioner would submit that the petitioner is innocent and he is no way connected with the crime and his name is not find place in the FIR. The learned counsel submitted that the petitioner is undergoing incarceration for a

period of 74 days and hence, prays for enlargement of the petitioner on bail.

(4)The learned Government Advocate(Crl.Side) appearing for the respondent would submit that this is case of gruesome murder and totally there are six accused and the petitioner is arrayed as A5. It is the submission of the learned Government Advocate [Crl.Side] that the accused persons attacked the deceased with knives indiscriminately all over the body. It is further submitted that the investigation is at the crucial stage and the petitioner has got 1 previous case under Section 397 IPC and hence, strongly opposed for the grant of bail to the petitioner. He would also submit that A1 was already booked under the Act 14/1982. (5)Considering the facts and circumstances of the case and the gravity of the offence and further that steps are being taken by the respondent police to detain A1 under the Goondas Act and also taking into consideration of the fact that the petitioner has got 1 previous case of robbery, this Court is not inclined to grant the relief of bail to the petitioner.

Hence, this Criminal Original Petition stands dismissed. -sd/- 11/05/2022 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 INSPECTOR OF POLICE P-6 KOUNGAIYUR POLICE STATION, PULIANTHOPE, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S.S.KUMARA DEVAN Advocate on payment of necessary charges SR.NO.6920 CRL OP.10863/2022 Date :11/05/2022 TA-12/05/2022