Gopinath@Gana Gopi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21294 of 2021 GOPINATH @ GANA GOPI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SOMANGALAM POLICE STATION, KANCHEEPURAM DISTRICT.

CRIME NO.539 OF 2021.

For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent : M/S.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 14.09.2021 for the offences under Sections 120(b), 147, 148, 302 and 201 of IPC, in Crime No.539 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the son of the defacto complainant was found missing. Initially, the case was registered for Man Missing. Subsequently, during investigation it was found that the petitioner along with 14 others brutally murdered the son of the defacto complainant due to previous enmity. Hence, the case was altered as stated above.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he is a singer by profession and he has not involved in any of the offences and that he had been falsely implicated in this case. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate would raise strong objection stating that it is a case of revenge murder. A1's brother was murdered by the deceased and thereby, the accused brutally murdered the deceased. He would further submit that the petitioner is arrayed as A9 and that A15 and A16 are still absconding and the investigation has not been completed.

5.Considering the grave nature of offence and the fact that A15 and A6 are still absconding and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly the Criminal Original Petition is dismissed. -sd/- 12/11/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, SOMANGALAM POLICE STATION, KANCHEEPURAM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

+1 CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges SR.NO.12862 CRL OP.21294/2021 Date :12/11/2021 TA-23/11/2021 https://hcservices.ecourts.gov.in/hcservices/