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Madras High CourtCRL OP/21870/2021dismissed

Radharavi v. State Rep By

2021-11-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.21870,21871 AND 21873 of 2021 1.RADHARAVI [ PETITIONERS / ACCUSED 2.DEVARAJ IN CRL.OP.NO.21870/2021] 1.AYYAPPAN [ PETITIONERS / ACCUSED 2.MOHAN IN CRL.OP.NO.21871/2021] K.VASANTH [ PETITIONER / ACCUSED IN CRL.OP.NO.21873/2021] Vs THE STATE REP BY [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, IN ALL THE PETITIONS] E1, MYLAPORE POLICE STATION, CHENNAI-600 004 (CRIME NO.1019 OF 2021) For Petitioner : M/S.V.JAISANKAR Advocate [IN CRL.OP.NOs.21870 AND 21871/2021] : M/S.R.LAKSHMI NARASIMHAN Advocate [IN CRL.OP.NO.21873/2021] For Respondent : MR.S.SUGENDRAN, Govt. Advocate ( Crl. Side) [IN ALL THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, in Crl.O.P.Nos.21870, 21871 and 21873 of 2021 were arrested on 15.09.2021, 24.09.2021 and 21.09.2021 respectively and were remanded to judicial custody for the offences punishable under Sections 341, 147, 148, 324, 302 and 506(ii) of IPC in Cr.No.1019 of 2021 on the file of the respondent police, seek bail.

2. Totally there are 14 accused persons involved in this case. The case of the prosecution is that there was a previous enmity between the first accused and one Sivakumar. On 14.09.2021, the deceased was murdered by one Kizhangu Saravanan, Kalaiarasan and others. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the co-accused person has enlarged on bail. Hence, he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that there was gang war between two local groups. He further submitted that earlier, this Court had dismissed the bail petitions filed by the petitioners in Crl.O.P.Nos. 21870, 21871 and 21873 of 2021 and these are the second bail petition filed by them. Hence, he vehemently opposed for grant of bail to the petitioners.

5. Considering the gravity of offence committed by the petitioners that the petitioners along with other accused persons have murdered the deceased due to gang war in between the two groups and considering that the earlier bail petitions were dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, these criminal original petitions are dismissed. -sd/- 19/11/2021 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, E-1 MYLAPORE POLICE STATION, CHENNAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.LAKSHMI NARASIMHAN Advocate on payment of necessary charges SR.NO.13112 CRL OP.NOs.21870,21871 AND 21873/2021 Date :19/11/2021 CSK 29/11/2021