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Madras High CourtCRL OP/10441/2021granted

Selvapandiyan v. State, Represented By The

2021-07-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10441 of 2021 SELVAPANDIYAN [ PETITIONER / ACCUSED ] Vs STATE, REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

For Petitioner : M/S.O.S.THILAK PASUMBADIYAR Advocate For Respondent : MR. A. GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 342, 323, 302 and 506(2) IPC in Cr.NO.214 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that there was a previous enmity between the former Councilor Jagan and the present Councilor Rajesh in connection with a murder case. When Rajesh was proceeding to Uppur in his bike, a Car and three two wheeler vehicle were followed him in a rash manner and hit the bike which was driven by Rajesh and he fell down. A1 along with other accused persons were threatened and tried to murder Rajesh, however, the victim was escaped from the hands of the accused persons. Hence the defacto complainant lodged this compliant.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and his name was not all mentioned in the FIR and hence prays for bail. 4.The learned Government Advocate (Crl.Side) submitted that the offences against the petitioner and other accused persons are very heinous in nature and most of the accused persons are not secured and arrested yet. If this Court grants bail to the petitioner, there will be every possibility for tampering with evidence or witness either during investigation or trial;

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5.Considering the nature of the case and also the submission made by the learned Government Advocate (Crl.Side) that most of the accused are not arrested, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 05/07/2021 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, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

2 THE SUPERINTENDENT CENTRAL PRISON, THIRUCHIRAPPALLI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.O.S.THILAK PASUMBADIYAR Advocate on payment of necessary charges CRL OP.10441/2021 Date :05/07/2021 RW 15/07/2021 https://hcservices.ecourts.gov.in/hcservices/