Madras High CourtCRL OP/21366/2021dismissed

Kamalakannan v. State Rep By

2021-11-15Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21366 of 2021 1 KAMALAKANNAN [ PETITIONERS / ACCUSED ] 2 SARAVANAN @ SARAVANAKUMAR Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.

CR.NO. 84 OF 2021.

For Petitioner : M/S. P.MUTHAMIZH SELVAKUMAR 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 petitioners who were arrested and remanded to judicial custody on 15.07.2021 for the offences under Sections 294(b), 341, 120(b) read with 302 of Indian Penal Code 1860, in Crime No.84 of 2021, seek bail.

2.The case of the prosecution is that the deceased was working in a private concern and he was political personality. On the date of occurrence, 6 persons brutally attacked the deceased due to which, he died at the spot. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the deceased is a notorious person and having antecedents record and on the enmity, one of the adverse party would have committed the offence and that the petitioners have been falsely implicated in this case. He would further submit that the investigation has been completed and the charge sheet has been filed and the case has been taken on file in P.R.C.No.25 of 2021 on the file of the learned Judicial Magistrate, Thiruvarur and that the petitioners have been suffering incarceration for more than 120 days from 15.07.2021. Hence, he prays for grant of bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate raised strong objection stating that the petitioners are history sheeters and each of the petitioners are having three previous cases out of which, one is for the offence under Section 302 IPC and the other two cases are for dacoity and if they are released on bail, there is every possibility that they would tamper the evidences.

5. Taking into account of the antecedents of the petitioners and the submission of the learned Government Advocate that if the petitioners are released on bail at this stage, there is every possibility of the petitioners tampering the evidences, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/11/2021 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 JUDICIAL MAGISTRATE, THIRUVARUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 INSPECTOR OF POLICE, VAIPOOR POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges CRL OP.21366/2021 Date :15/11/2021 RVR 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/