Madras High CourtCRL OP/10835/2021dismissed

S.Arokia Rooban v. State Rrep By

2021-06-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10835 of 2021 S.AROKIA ROOBAN [ PETITIONER / ACCUSED ] Vs STATE RREP BY [ RESPONDENT ] INSPECTOR OF POLICE, K 8 ARUMBAKKAM POLICE STATION, CHENNAI. CR.NO.866 OF 2021.

For Petitioner : M/S M.RAJAVELU Advocate For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 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 307 and 302 of IPC in Cr.No.86 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that while consuming alcohol, there was a wordy quarrel between the two groups, who were staying at Gold Guest House at Arumbakkam. Due to the clash, one Badrish sustained grievous injuries on his head and died. Thereafter, on enquiry, the respondent police implicated the petitioner and others. 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. Under influence of alcohol, the defacto complainant's group made a quarrel with the adjacent room people and later, they locked the room from outside. The learned counsel for the petitioner was not present in the scene of occurrence and this petitioner was called by the tamil esakki's brother in law, who stayed in the guest house and the petitioner went to bring them out. One Moses, who is arrayed as accused and arrested in this case, he assaulted the deceased person with hollow block stone. Hence, he prays to grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate submitted that there are seven accused involved in this case and the petitioner is A5. A1 to A4, A6 and A7 were arrested. In an inebriated mood, there was a wordy quarrel between the two groups, who were staying at Gold Guest House at Arumbakkam. The petitioner along with other accused attacked one Badrish with hollow block stone and caused death. Hence, he strongly objected to grant bail to the petitioner.

5.Taking into consideration the allegations and also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. -sd/- 24/06/2021 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 INSPECTOR OF POLICE, K 8 ARUMBAKKAM POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.RAJAVELU Advocate on payment of necessary charges CRL OP.10835/2021 Date :24/06/2021 RVR 13/07/2021 https://hcservices.ecourts.gov.in/hcservices/