Madras High CourtCRL OP/20222/2021dismissed

Manikandan v. The State Repby

2021-11-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20222 of 2021 MANIKANDAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT CRIME NO.1201 OF 2021 For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 23.09.2021 for the offence under Sections 147, 148, 302, 307 of IPC, in Crime No.1201 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the sister of defacto complainant was married to the 1st accused and there was already a family dispute between the two families. The petitioner is the maternal uncle of the 1st accused and on 22.09.2021 at bout 7.15 p.m., when the defacto complainant, his father Marimuthu and their driver one Murugan were in a vehicle stand near the Hospital, Dharapuram, the petitioner along with other accused came to that spot and on commend of the 5th accused, the 1st and 3rd accused assaulted the defacto complainant with Arruval on his forehead, right hand. At the same time, 2nd accused had stabbed on his back side. Then the said 1st and 3rd accused and the petitioner assaulted the said Marimuthu by https://hcservices.ecourts.gov.in/hcservices/

using arruval and the 2nd accused assaulted Marimuthu by using Knife. Further, the petitioner also assaulted the intervener on his right neck. Then immediately with the help of others, the injured persons were admitted in Hospital. However, the said Marimuthu died. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is the relative of the deceased and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 50 days from 23.09.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would strongly object stating that investigation is still not completed and it is in the initial stage.

5. Considering the grave nature of offence and also of the fact that the investigation is at initial stage and still not completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/11/2021 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, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.20222/2021 Date :16/11/2021 JPA 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/