Madras High CourtCRL OP/16320/2021dismissed

Gokul v. The State Repby

2021-09-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16320 of 2021 1 GOKUL [ PETITIONERS / ACCUSED ] 2 NARENTHIRAN Vs THE STATE REPBY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, MOHANUR POLICE STATION, NAMAKKAL DISTRICT.

CRIME NO.572/2021 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested on 23.07.2021 and remanded to judicial custody for the offences under Section 302 of I.P.C in Crime No.572 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the brother of the defacto complainant and second accused are husband and wife and the first accused claims to be tenant cum paramour of the second accused and out of such illegal intimacy they along with co-accused conspired together and assaulted the brother of the defacto complainant and as a result, he succumbed to the injuries. Hence, the law enforcing registered a case against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 23.07.2021. Therefore, he prays to grant bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners along with other accused conspired together and murdered the deceased. He further submits that there is one previous case which is similar in nature is pending against the petitioners. Hence, he vehemently opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and the gravity of offence committed by the petitioners and there is one previous case pending against the petitioners , this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/09/2021 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, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, MOHANUR POLICE STATION, NAMAKKAL DISTRICT.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.9707 CRL OP.16320/2021 Date :08/09/2021 RW 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/