Madras High CourtCRL OP/18435/2021dismissed

K.Vasanth v. The State Rep By

2021-10-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.18435,19023 AND 19035 of 2021 K.VASANTH [ PETITIONER / ACCUSED IN CRL.OP.NO.18435/2021] 1.RADHARAVI [ PETITIONERS / ACCUSED 2.DEVARAJ IN CRL.OP.NO.19023/2021] 1.AYYAPPAN [ PETITIONERS / ACCUSED 2.MOHAN IN CRL.OP.NO.19035/2021] Vs THE STATE REP BY [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, IN ALL THE PETITIONS] E1, MYLAPORE POLICE STATION, CHENNAI-600 004 (CRIME NO.1019 OF 2021) For Petitioner : M/S.R.LAKSHMI NARASIMHAN Advocate [IN CRL.OP.NO.18435/2021] : M/S.V.JAISANKAR Advocate [IN CRL.OP.NOs.19023 AND 19035/2021] For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) [IN ALL THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner in Crl.O.P.No.18435 of 2021, was arrested on 21.09.2021 and remanded to judicial custody for the offence under Sections 341, 147, 148, 324, 302 and 506(ii) of IPC in Crime No.1019 of 2021 on the file of the respondent police, seeks bail.

2. The petitioners in Crl.O.P.No.19023 of 2021, were arrested on 15.09.2021 and remanded to judicial custody for the offence under Sections 341, 147, 148, 324, 302 and 506(ii) of IPC in Crime No.1019 of 2021 on the file of the respondent police, seek bail.

3. The petitioners in Crl.O.P.No.19035 of 2021, were arrested on 24.09.2021 and remanded to judicial custody for the offence under Sections 341, 147, 148, 324, 302 and 506(2) of IPC in Crime No.1019 of 2021 on the file of the respondent police, seek bail.

4. Totally there are 14 accused persons involved in this case. The case of the prosecution is that there was a previous enmity between the first accused and one Sivakumar. On, 14.09.2021 the deceased was murdered by one Kizhangu Saravanan, Kalaiarasan and others. Hence, the complaint.

5. The learned counsel for the petitioner in Crl.O.P.No.18435 of 2021 submitted that the petitioner is in no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that the petitioner dropped the accused persons at the place of occurrence without knowing the scheme behind it. He further submitted that there is no previous case pending against the petitioner. Hence, he prays for grant of bail to the petitioner.

6. The learned counsel for the petitioners in Crl.O.P.Nos.19023 and 19035 of 2021 submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. He further submitted that based on the confession statement of co-accused, the petitioners were falsely implicated in this case. He further submitted that there is no previous case pending against the petitioners. Hence, he prays for grant of bail to the petitioners.

7. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there was a previous enmity between two groups. He further submitted that the investigation is at initial stage. He further submitted that if the petitioners were released on bail, there is no progress in the investigation. Hence, he vehemently opposed for grant of bail to the petitioners.

8. Considering the facts and circumstances of the case and also the fact that the petitioners along with other accused persons had murdered the deceased due to gang war inbetween two groups and the investigation is at initial stage, this Court is not inclined to grant bail to the petitioners.

9.Accordingly, this Criminal Original Petitions are dismissed. -sd/- 28/10/2021 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, E1, MYLAPORE POLICE STATION, CHENNAI-600 004 2 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET.

3 THE OFFICER INCHARGE, SUB JAIL, PONNERI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.LAKSHMI NARASIMHAN Advocate on payment of necessary charges SR.NO.11988 CRL.OP.NOs.18435,19023 AND 19035/2021 Date :28/10/2021 CSK 16/11/2021