Madras High CourtCRL OP/19292/2021dismissed

K.Vijayakumar v. State Rep. By

2021-10-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19292 of 2021 1 K.VIJAYAKUMAR [ PETITIONERS / ACCUSED ] 2 K.MUNISAMY Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANDILI POLICE STATION, TIRUPATTUR DISTRICT (CRIME NO.243 OF 2021) For Petitioners : M/S.C.S.VIJAYAKUMAR 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 and remanded to judicial custody on 21.08.2021 for the offence punishable under Sections 9(B) (1)(b) of Indian Explosives Act, 1884, Section 5 of the Explosive Substance Act, 1908 and Section 120-B and 307 of IPC, in Crime No.243 of 2021 on the file of the respondent police, seek bail.

2. This is the second bail application filed before this Court..The case of the prosecution is that the petitioners and the defacto complainant has got dispute regarding property and hence the petitioners kept gelatin stick on the back side of the kitchen of defacto complainant's house and the same was blasted. Hence, the complaint.

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3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and the petitioners have been in jail from 21.08.2021. He further submitted that based on the confession of A1, the petitioners were falsely implicated in this case. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.16344 of 2021 dated 08.09.2021 and there is no change of circumstances. He further submitted that the investigation is still pending. Hence, he vehemently opposed for grant of bail to the petitioners.

5.Considering the facts and circumstances of the case and also the fact that the petitioners have involved in very serious offence and earlier bail application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/10/2021 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, KANDILI POLICE STATION, TIRUPATTUR DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.S.VIJAYAKUMAR Advocate on payment of necessary charges CRL OP.19292/2021 Date :20/10/2021 JPA 28/10/2021 https://hcservices.ecourts.gov.in/hcservices/