Madras High CourtCRL OP/12555/2021dismissed

Stephan @ Stephanraj v. State Rep By

2021-07-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twentieth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12555 of 2021 1 STEPHAN @ STEPHANRAJ [ PETITIONERS / ACCUSED ] 2 JEEVA @ JEEVANANTHAM Vs STATE REP BY [ RESPONDENT ] STATION HOUSE OFFICER, THIRUPPAPULIYUR POLICE STATION, CUDDALORE DISTRICT.

CR.NO.84 OF 2021.

For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who were arrested on 17.02.2021 and remanded to judicial custody for the alleged offence under Sections 147, 148, 294 (b), 302 of IPC in Cr.No.84 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused attacked the deceased person with knife and caused his death. A1 severed the head of the deceased and thereafter, A10 took the head of the deceased and all the accused persons were proceeding further. Based on the complaint lodged by the defacto complainant, the respondent police registered a case against the petitioners and other accused persons.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and there is no specific overt act attributed against these petitioners. Hence, he prays to grant bail to the petitioners.

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4. The learned Government Advocate submitted that due to previous enmity, the petitioners along with other accused persons brutally murdered the deceased. If they are released on bail, they may abscond and the trial proceedings would go delay. However, he opposed to grant of bail to the petitioners.

5. Considering the gravity of the accusation against the petitioners and the objection made by the learned Government Advocate, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 20/07/2021 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 SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 2 STATION HOUSE OFFICER, THIRUPPAPULIYUR POLICE STATION, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.12555/2021 Date :20/07/2021 RVR 29/07/2021 https://hcservices.ecourts.gov.in/hcservices/