Madras High CourtCRL OP/17880/2021dismissed

Ezhilarasan v. The State Rep By Its

2021-09-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17880 of 2021 EZHILARASAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, BOMMIDI POLICE STATION, DHARMAPURI DISTRICT CRIME NO.182 OF 2021 For Petitioner : M/S.G.KESAVAN 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 and remanded to judicial custody on 17.07.2021 for the offence punishable under Sections 302, 392 r/w 397 of IPC, in Crime No.182 of 2021 on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that the parents of the defacto complainant were residing in Pilparuthi Village and they owned 7.5 acres of land. Taking advantage of their loneliness, the petitioner along with other accused is alleged to have given chloroform to them, robbed gold jewellerys and attacked them and murdered them. 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 17.07.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.15174 of 2021 dated 25.08.2021 and there is no change of circumstances. 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 the petitioner has involved in very serious offence, and earlier petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 27/09/2021 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, BOMMIDI POLICE STATION, DHARMAPURI DISTRICT 2 THE OFFICER INCHARGE DISTRICT JAIL, DHARMAPURI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.KESAVAN Advocate on payment of necessary charges CRL OP.17880/2021 Date :27/09/2021 JPA 08/10/2021 https://hcservices.ecourts.gov.in/hcservices/