Rajan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11881 of 2020 Rajan ... Petitioner Vs.

State represented by Inspector of Police ... Respondent Singanallur Police Station Singanallur Coimbatore District (Crime No.1040 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.1040 of 2020, on the file of the respondent police.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 18.05.2020 for the offences punishable under Section 302 IPC, in Crime No.1040 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant is that one Savithiri, who is the sister in law of the deceased had illegal intimacy with A1. A1 used to torture her, hence the same was informed to the deceased, so, the deceased used to make phone calls to A1 and thereby wordy quarrel arose between them. While so, on the date of occurrence i.e. on 17.05.2020, the petitioner along with other accused went to the house of the deceased and attacked him with wooden log on his head, due to which, the victim died on the spot.

3.The learned counsel appearing for the petitioner would submit that the co-accused who is also similarly placed has been granted bail by this Court in Crl.O.P.No.11190 of 2020 vide order dated 28.07.2020.

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4.Per Contra, learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused had committed the murder of the deceased. He would further submit that the petitioner has been recently involved in Crime No.580 of 2020 registered by the Saravanampatti Police Station for the offence committed under Section 302 IPC. Hence, he vehemently oppose for the grant of bail to the petitioner.

5.Taking into consideration of the fact that the petitioner has involved in a murder case registered in Crime No.1040 of 2020 and thereafter he has also been involved in another murder case in Crime No.580 of 2020 registered by the Saravanampatti Police Station, this Court is not inclined to grant bail to the petitioner. 6.This Criminal Original Petition stands dismissed accordingly. -sd/- 13/08/2020 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, SINGANALLUR POLICE STATION, SINGANALLUR, COIMBATORE CITY.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, NEAR GANDHIPURAM BUS STAND, COIMBATORE-641018.

CC to M/S.M.SARAVANAKUMAR Advocate on payment of necessary charges CRL OP.11881/2020 Date :13/08/2020 TA-08/09/2020 https://hcservices.ecourts.gov.in/hcservices/