Madras High CourtCRL OP/20991/2021dismissed

Vinayagam v. State Rep By

2021-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20991 of 2021 1 VINAYAGAM [ PETITIONERS / ACCUSED ] 2 TAMIZH DIRAVIDAN @ BALAJI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI.

(CRIME NO.615/2021) For Petitioner : M/S M.RAVIKUMAR Advocate For Respondent : MR.S.SUGENDRAN, GOVERNMENT ADVOCATE [CRL. SIDE] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The first petitioner was arrested and remanded to judicial custody on 19.08.2021 and the second petitioner arrested and remanded to judicial custody on 20.08.2021 for the alleged offences punishable under Sections 147, 148, 302, 341 IPC @ 120B, 147, 148, 302, 341 IPC, in Crime No.615 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 there was a civil dispute between the defacto complainant's family and the petitioner's family, thereby the petitioners arranged hooligans to commit the murder of the deceased and thereby murdered the deceased. Hence the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. Earlier occasion, this Court granted bail to the petitioners wife by considering the period of incarceration. However, the petitioners bail was denied on the ground that A13 is still absconding and not secured. Subsequently, all the accused persons are arrested. In view of the change of circumstances, he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submits that the A13 is still absconding. However, there are three more accused were involved in the present crime. Further he submits that the offence committed by the petitioners is very heinous in nature, he vehemently opposed for grant of bail to the petitioners.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/11/2021 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, K-4, ANNA NAGAR POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI-600 066.

CC to M/S M.RAVIKUMAR Advocate on payment of necessary charges CRL OP.20991/2021 Date :09/11/2021 TA-22/11/2021 https://hcservices.ecourts.gov.in/hcservices/