Madras High CourtCRL OP/16847/2021dismissed

S.Abi @ Gunasekar v. The State Rep By

2021-09-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16847 of 2021 S.ABI @ GUNASEKAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SIVA KANCHI POLICE STATION, KANCHIPURAM.

(CR NO.1608/2021) For Petitioner : M/S.A.SARANRAJ 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 petitioner, who was arrested on 18.07.2021 and remanded to judicial custody for the alleged offences punishable under Section Man Missing @ 120(B), 302, 201 and 34 of IPC, in Crime No.1608 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased and A1 had jointly running ganja selling business. Subsequently, they were separated, that the deceased gave information about A1 to the police. Further, the petitioner along with other accused persons had kidnapped the deceased and attacked him with knife all over the body and buried the body of the deceased on a river bed. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has been in jail from 18.07.2021. He further submitted that the petitioner is the friend of A1 and there is no specific overt act has been attributed against this petitioner. Therefore, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) submitted that there are several previous cases pending as against the petitioner and he is a history sheeter. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that there are several previous cases pending as against the petitioner and he is a history sheeter, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/09/2021 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 INSPECTOR OF POLICE, SIVA KANCHI POLICE STATION, KANCHIPURAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.16847/2021 Date :15/09/2021 CSK 06/10/2021 https://hcservices.ecourts.gov.in/hcservices/