Madras High CourtCRL OP/9588/2021dismissed

Asarudeen v. State Rep By

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9588 of 2021 Asarudeen ... Petitioner Vs.

State rep. by The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

(Crime No.116 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in crime no.116 of 2021 on the file of the Respondent Police.

For Petitioner : Mr.M.K.Poongundran For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioner who was arrested on 06.03.2021 and remanded to judicial custody for the offences under Sections 147, 148, 302, 364 and 448 of IPC in Cr.No.116 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 was in a affair with a girl and the victim too was trying to woo her. This made A1 angry and hence, on the date of occurrence, A1 along with other accused went to the House of the deceased and took the victim with them stating that they are police officials and assaulted the victim using iron rod and wooden log. The victim sustained severe injuries and subsequently died. The petitioner herein is arrayed as A8.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) submitted that only A6 has been granted bail by the lower Court, since he is a juvenile and that rest of the accused are in judicial custody and also submitted that the forensic reports are awaited. 5.Considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6.Therefore, this Criminal Original Petition is dismissed. -sd/- 26/05/2021 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 INSPECTOR OF POLICE, METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.K.POONGUNDRAN Advocate on payment of necessary charges CRL OP.9588/2021 Date :26/05/2021 MK:30/06/2021 https://hcservices.ecourts.gov.in/hcservices/