S.Madhan Kumar v. The State Rep By

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.11044 of 2022 S.MADHAN KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V-3, J.J.NAGAR POLICE STATION, ANNA NAGAR, CHENNAI - 600 040 CRIEM NO.147 OF 2021 For Petitioner : M/S. S.MOHAN RAJ 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 19.03.2022 for the alleged offences punishable under Sections 341, 147, 148, 294(b) and 302 of IPC in Crime No.147 of 2021 on the file of the respondent police, seeks bail. (2)The case of the prosecution is that due to previous enmity between two groups, the accused party including the petitioner herein, attacked the deceased and caused his death, resulting in the registration of the case.

(3)The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the offence. He would submit that the petitioner has been implicated falsely on the basis of the confession of the co-accused. The learned counsel would further submit that the petitioner has not no previous cases and he is in custody for more than 50 days and hence, prays for enlargement of the petitioner on bail.

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(4)The learned Government Advocate(Crl.Side) appearing for the respondent would submit that totally there are 9 accused and the petitioner is arrayed as A5. Due to previous enmity and rivalry, the occurrence had taken place. Learned Government Advocate [Crl.Side] also submitted that A1 is already booked under the Goondas Act by the Pallikaranai Police Station and the petitioner is a rowdy element. He would further submit that the investigation is pending as A4 is yet to be secured.

(5)Considering the facts and circumstances of the case and considering the fact that the investigation is pending as A4 is yet to be secured and that steps are being taken to detain A1 under the Act 14 of 1982, this Court is not inclined to grant the relief of bail to the petitioner.

(6)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, V-3, J.J.NAGAR POLICE STATION, ANNA NAGAR, CHENNAI - 600 040 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.MOHAN RAJ Advocate on payment of necessary charges CRL OP.11044/2022 Date :11/05/2022 JPA 16/05/2022 https://hcservices.ecourts.gov.in/hcservices/