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Madras High CourtCRL OP/11103/2022dismissed

Rambabu Rao v. The Inspector Of Police

2022-05-12Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL ORIGINAL PETITION No.11103 of 2022 RAMBABU RAO [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE UDDANAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

CRIME NO.41 OF 2017.

For Petitioner : M/S.S.VARNESH Advocate For Respondent : MR.L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 10.04.2022 for the alleged offence punishable under Section 302 IPC r/w. 25 (1A) Arms Act, in Crime No.41 of 2017 on the file of the respondent police seeks bail.

2.The case of the prosecution is that, the occurrence took place in the year 2017. the petitioner had shot the deceased using his country made gun. Hence the complaint.

3.Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He added that the respondent police have foisted this false case against the petitioner after five years for statistical purpose. Hence prays for grant of bail to the petitioner. 4.Learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner had shot the deceased to death using his country made gun. He would further state that the occurrence https://hcservices.ecourts.gov.in/hcservices/

originally took place in the year 2017 and F.I.R. also came to be registered in the year 2017. He was in Judicial custody from 10.04.2022. He added that the property has been recovered from the accused. The investigation is in crucial stage and confession statement has been recorded.

5.Considering the fact that the incarceration of the petitioner is very recent and the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioner. 6.The Criminal Original Petition stands dismissed accordingly. -sd/- 12/05/2022 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 UDDANAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB JAIL, DHARMAPURI.

CC to M/S.S.VARNESH Advocate on payment of necessary charges CRL OP.11103/2022 Date :12/05/2022 TA-17/05/2022 https://hcservices.ecourts.gov.in/hcservices/