Madras High CourtCRL OP/12825/2021dismissed

Ramalingam v. The State Repby

2021-07-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Sixth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12825 of 2021 1 RAMALINGAM [ PETITIONERS / ACCUSED ] 2 AYOTHI @ AJITH Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, RAMANATHAM TOWN POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.128/2021 For Petitioner : M/S.M.SELVAM 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 petitioner, who were arrested on 08.05.2021 and remanded to judicial custody for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 302 of I.P.C in Crime No.128 of 2021, on the file of the respondent police, seek bail. 2.The case of the prosecution is that there was some wordy quarrel between the petitioners and the defacto complainant and the petitioners attacked the defacto complainant and his brother, thereby they sustained head injuries and admitted in the hospital. The brother of the defacto complainant succumbed to the head injuries. Hence, the law enforcing agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate submits that the petitioners assaulted the defacto complainant and the brother of the defacto complainant. Due to which the brother of the defacto complainant was dead. He further submits that there is one previous case pending against the petitioner under Pocso Act. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts of the case and there is one previous case pending against the petitioner under Pocso Act, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/07/2021 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 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, RAMANATHAM TOWN POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.M.SELVAM Advocate on payment of necessary charges CRL OP.12825/2021 Date :26/07/2021 RVR 30/07/2021 https://hcservices.ecourts.gov.in/hcservices/