Raagu @ Ragavendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9636 of 2021 Raagu @ Ragavendran ... Petitioner Vs.

State represented by The Inspector of Police, Koyambedu Police Station Chennai Crime No.199 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.199 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was surrendered and remanded to judicial custody on 09.04.2021 for the offences under Sections 147, 148, 294 (b), 341, 302 and 506 (ii) of IPC in Crime No.199 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant who is the father of the deceased Brammadevan lodged a complaint before the respondent police stating that on 07.04.2021 Narayanan was murdered by the one Dhanancheiyan along with other accused including the petitioner. The specific allegation against the petitioner is that the petitioner also helped with the main accused Dhananchiyan. He further submits that the defacto complainant is that the deceased Narayanan frequently often quarrel with A1 namely Dhanachiyan assaulted the deceased with knife. Hence the complaint.

3.The learned counsel for the petitioner submits that the petitioner is innocent person and he has no way connected with the said offence. The petitioner had voluntarily surrendered before Judicial Magistrate and remanded to judicial custody on 09.04.2021. Earlier bail application of the petitioner was dismissed by the learned Principal Sessions Judge, Chennai in Crl.M.P.No.8811 of 2021 on 27.04.2021.

4.The learned Government Advocate (Crl.Side) vehemently opposed the grant of bail by stating that the petitioner herein has 12 previous cases of similar nature. There are two rowdy gangs in Nerkundram Area. The deceased is alleged to have attacked and killed another person belonging to the petitioner's group. Therefore, if the petitioner is released on bail, there is every likelihood of the rival rowdy gangs indulging in rowdism. Hence he vehemently opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case, the petitioner is involved in serious offences, also having previous cases and caused grave injuries to the defacto complainant and also considering the bail of the petitioner as too early, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition stands dismissed.

-sd/- 27/05/2021 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 METROPOLITAN MAGISTRATE NO.V, EGMORE, CHENNAI.

2 THE PRINCIPAL SESSIONS JUDGE, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, KOYAMBEDU POLICE STATION, CHENNAI.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.9636/2021 Date :27/05/2021 cs 16/06/2021