← Library
Madras High CourtCRL OP/11405/2024dismissed

Subbaian Narayanasamy v. State Rep By

2024-06-06Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 30.03.2024 in Crime No.80 of 2024 registered for the alleged offences punishable under Sections 147, 148, 342, 302 and 506(ii) IPC, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. He is alleging to be a friend of the deceased who went to the Thiruvanmiyur Taluk Ofice where he was waiting, at that time, the accused came there and attacked the deceased, and he was falsely implicated in this case and there is no specific overtact attributed against the petitioner. He further submitted that the petitioner is in custody from 30.03.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. Learned counsel for the intervener raised objection stating that believing the words of this petitioner, the deceased came to the scene of occurrence and waited for 10 minutes. Subsequently, the deceased

called this accused over phone and the accused asked the deceased to wait in the same place, and told him that he would bring the Deputy Thasildar along with him. He further submitted the petitioner and the deceased waited at the scene of occurrence for about 10 minutes, at that time, 3 motor vehicles consisting of 5 members came there and attacked the deceased with deadly weapons and the deceased died on the spot.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are totally nine accused in this case and the petitioner is arrayed as A6. He further submitted that all the petitioners are detained under Goondas Act, except this petitioner. He further submitted that the deceased was doing real estate business and the defacto complainant is working under the deceased. Due to business rivalry, this petitioner along with other accused came in 3 motor bikes and attacked the deceased with aruval, when the deceased was waiting at Tahsildar office to meet the Deputy Tahsildar for the purchase of land at Tiruvanmiyur. He further submitted that the investigation is not yet completed, therefore, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the gravity of the offence and the fact that this case needs detailed investigation, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 06.06.2024 drl

T.V.THAMILSELVI,J.

drl Crl.O.P.No11405 of 2024 06.06.2024