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Madras High CourtCRL OP/22095/2021dismissed

Raj Kumar @ Madhan v. Inspector Of Police

2021-11-25Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22095 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 THE INSPECTOR OF POLICE [ RESPONDENT ] V3-JJ NAGAR POLICE STATION, CHENNAI.

(CRIME NO.12/2021) For Petitioner : M/S.M .MOHAMED YASIN Advocate For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.01.2021 for the alleged offences punishable under Section 147, 148, 341, 326, 307, 506(ii) @ sections 147, 148, 341, 302, 506(ii) of IPC, in Crime No.12 of 2021, on the file of the respondent police, seeks bail.

2. This is the third bail application filed before this Court. The case of the prosecution is that there was previous enmity between the petitioners group and the defacto complainant groups. Further, earlier one Azhagumurugan was murdered by the defacto complainant's group one Mohan and in retaliation, the petitioners had murdered the deceased. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners have been in jail from 14.01.2021. Therefore, he prays for grant of bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that the petitioners first bail application was dismissed by this Court in Crl.O.P.No.17416 of 2021 dated 21.09.2021. The petitioners second bail application was dismissed in Crl.O.P.No.19733 of 2021 dated 22.10.2021. He further submitted that the investigation has been completed and the charge sheet has also been completed and there is no change of circumstances. Hence, 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 petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/11/2021 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 III ADDITIONAL SESSIONS JUDGE, POONAMALLEE.

2 THE INSPECTOR OF POLICE V3-JJ NAGAR POLICE STATION, CHENNAI 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHA, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M .MOHAMED YASIN Advocate on payment of necessary charges CRL OP.22095/2021 Date :25/11/2021 CSK 06/12/2021 https://hcservices.ecourts.gov.in/hcservices/