Raj Kumar @ Madhan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Second day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19733 of 2021 IN S.C.No.86 OF 2021 (ON THE FILE OF III-ADDITIONAL SESSIONS JUDGE AT POONAMALLEE) 1 RAJ KUMAR @ MADHAN [ PETITIONERS / ACCUSED ] 2 KANAGARAJ Vs INSPECTOR OF POLICE [ RESPONDENT / COMPLAINANT] V3-JJ NAGAR POLICE STATION, CHENNAI.
(CRIME NO.12/2021) For Petitioner : M/S P.RAJKUMAR 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 14.01.2021 and remanded to judicial custody for the offences punishable under Sections 147, 148, 341, 326, 307, 506(ii) & 147, 148, 341, 302, 506(ii) of IPC, in S.C.No.86 of 2021 pending trial on the file of the III Additional Sessions Judge, Poonamallee, in Cr.No.12 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 there was previous enmity between the petitioners groups and the defacto complainant groups. Further, earlier one Azhagumurugan was murdered by the defaco complainant's group one Mohan and in retaliation, the petitioners had murdered the deceased. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have
been in jail from 14.01.2021. He further submitted that the petitioners were detained under Goondas Act and the said order of detention were set aside by this Court in H.C.P.No.427 & 425 of 2021. He further submitted that the co-accused had already been enlarged bail by the trial Court. Therefore, he prays to grant bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.17416 of 2021 dated 21.09.2021 and there is no change of circumstances He further submitted that the investigation has been completed and the charge sheet has also been filed. He further submitted that there is serious allegation against the petitioners. 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/- 22/10/2021 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 III ADDITIONAL SESSIONS JUDGE, POONAMALLEE.
2 INSPECTOR OF POLICE V3-JJ NAGAR POLICE STATION, CHENNAI.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S P.RAJKUMAR Advocate on payment of necessary charges CRL OP.19733/2021 Date :22/10/2021 INBA-28/10/2021