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Madras High CourtCRL OP/17183/2024dismissed

Rajesh v. State Rep By

2024-07-23Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.17183 of 2024 Crl.O.P.No.17183 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.06.2024 for the alleged offences punishable under Sections 279, 308, 304(ii) of IPC (2 counts) and Section 188 of Motor Vehicles Act, in Crime No.361 of 2024, on the file of the respondent Police, seeks bail.

2. Learned Counsel for the petitioner submitted that the petitioner is an innocent person, aged about 49 years, has been falsely implicated in this case and it is alleged that only due to the negligent driving of the auto by the defacto complainant's son and another deceased, the accident was happened and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody from 22.06.2024, and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that there are about more than 20 persons are implicated as an accused, and this petitioner is ranked as A1. He further submitted that the petitioner is a heart patient person and he actively participated in the date of alleged occurrence, https://www.mhc.tn.gov.in/judis

Crl.O.P.No.17183 of 2024 T.V.THAMILSELVI, J.

drl when the defacto complainant's son and the deceased went with two wheeler bearing Reg.No.TN13Z7036, due to auto racing between the accused persons and the deceased person, there was accident, in which the defacto complainant's son and another person died on the spot and two persons were injured, and they were also caused threat to the safety of the public and vehicles in the road. He further submitted that some of the accused is still absconding and the investigation is at initial stage.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Considering the facts and circumstances of the case, and also considering the grave nature of offence and also the investigation is at initial stage and taking note of the fact that the two persons were died on the spot, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 23.07.2024 drl Crl.O.P.No.17183 of 2024 https://www.mhc.tn.gov.in/judis