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Madras High CourtCRL OP/10118/2023dismissed

Ganesh Manjhi v. Inspector Of Police

2023-06-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.10118 of 2023 Crl.O.P.No.10118 of 2023 A.D.JAGADISH CHANDIRA , J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 & 302 of IPC, in Crime No.951 of 2021, seek anticipatory bail.

2. There are totally four accused involved in this case and the petitioners are arrayed as A2 and A3. The case of the prosecution as per the defacto complainant Rajesh Kumar is that due to previous enmity, the accused along with one Ugan Choudhri and Shankar Manji had committed the murder of Santhosh Kumar by assaulting with iron rod and knife and also they have thrown a stone on his head, thereby causing death. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that A1 and A4 have been arrested and also enlarged on bail. He would also submit that this is the case of the year 2021 and thereby, he prays for grant of anticipatory bail to the petitioners.

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Crl.O.P.No.10118 of 2023 A.D.JAGADISH CHANDIRA , J.

gbi

4. The learned Government Advocate (Crl.Side) would submit that the petitioners along with one Ugan Choudhri and Shankar Manji had committed the murder of one Santhosh Kumar by brutally assaulting him with iron rod and knife and also they have thrown a stone on his head. He would also submit that the petitioners are the residents of Bihar and after committing the murder, they have escaped to Bihar and with great difficulty the respondents were able to reach the residence of the petitioners and now they have come before this Court. He would submit that if anticipatory bail is granted to the petitioners, there is every possibility of tampering, the evidence. Hence, he opposed the grant of anticipatory bail to the petitioners.

5. Taking into consideration the gravity of the offence coupled with the fact that the investigation is at a crucial stage and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. gbi 05.06.2023 Crl.O.P.No.10118 of 2023 2/2 https://www.mhc.tn.gov.in/judis