Thirumal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20407 of 2021 THIRUMAL [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

Cr.No.313 of 2021 For Petitioner : M/S. E.KANNADASAN Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 31.08.2021 for the offence under Sections 'Man Missing' later altered into 147, 148, 302, 201 of I.P.C. in Cr.No.313 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner along with the other accused is alleged to have committed murder of the deceased.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that earlier the petitioner approached this Court seeking bail by filing Crl.O.P.No.18628 of 2021 and the said petition was dismissed as withdrawn. However, now major portion of the investigation is over and the petitioner is in prison from 31.08.2021 and hence, this Court may grant bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is arrayed as A5 in the case and that there is specific https://hcservices.ecourts.gov.in/hcservices/

overtact against the petitioner. He would further submit that there is one previous case for the offence of kidnapping as against the petitioner and would further submit that the petition in Crl.O.P.No.19799 of 2021 filed by the co-accused has already been dismissed by this Court.

5.Considering the fact that there is specific overtact against the petitioner and the fact that the petition in Crl.O.P.No.19799 of 2021 filed by the co-accused has already been dismissed by this Court, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 29/10/2021 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, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.20407/2021 Date :29/10/2021 APN 02/11/2021 https://hcservices.ecourts.gov.in/hcservices/