Elangovan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 14095 of 2020 Elangovan, S/o.Selvara ... Petitioner/Accused Vs.

The State represented by, The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur.

(Crime No.2360 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.2360 of 2020, pending investigation on the file of the respondent police. For Petitioner : Mr.M.Rajavelu For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 25.08.2020 for the offences punishable under Sections 379, 337 and 304(A) of IPC @ 379, 337 and 304(2) of IPC, in Crime No.2360 of 2020 on the file of the respondent police, seeks bail. 2 The case of the prosecution is that on 12.08.2020, the deceased Rajesh and his friend Jeeva along with Murali, who drove the Pulsar two wheeler, were returning at 04.30 p.m., in the service road. At that time, the petitioner under the influence of alcohol, has driven a Bolero Maxi Cab Vehicle in rash and negligent manner and hit against the Pulsar Vehicle. Due to which, Rajesh died and two others have sustained serious injuries. Hence, the complainant. 3 The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given against him. He would further submit that the petitioner was arrested on 25.08.2020. Hence, he prays to grant https://hcservices.ecourts.gov.in/hcservices/

bail to the petitioner.

4 The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has driven the vehicle in a rash and negligent manner under the influence of alcohol and hit against the two wheeler. Due to which, one Rajesh died and two other persons has sustained serious injuries. Hence, he vehemently opposed to grant bail to the petitioner. 5 Taking into consideration the facts and submissions made by the learned counsel and considering the fact that due to the act of the petitioner one person died and two other persons have sustained serious injuries and that the petitioner has arrested very recently on 25.08.2020, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed for the present.

-sd/- 10/09/2020 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 JUDICIAL MAGISTRATE, COURT, SRIPERUMBUDUR 2 THE SUPERINTENDENT, CENTRAL PRISON-2, PUZHAL AT CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SRIPERUMBUDUR POLICE STATION, SRIPERUMBUDUR.

CC to M/S.RAJAVELU Advocate on payment of necessary charges CRL OP.14095/2020 Date :10/09/2020 RD 24/09/2020 https://hcservices.ecourts.gov.in/hcservices/