Vasanthakumar v. State Rep By
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.21392 of 2021 1 VASANTHAKUMAR [ PETITIONERS / ACCUSED ] 2 EIUMALAI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANUPARPALAYAM TOWN POLICE STATION, TIRUPPUR DISTRICT CRIME NO.3778 OF 2021 For Petitioners : M/S.A.SARANRAJ 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 13.10.2021 for the offence under Sections 294(b), 324, 506(ii) r/w. 294(b), 324, 506(ii) and 302 of IPC, in Crime No.3778 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the defacto complainant is the relative of the deceased. On 07.10.2021 at about 6.30 a.m, defacto complainant was standing at Varanasipalayam, Guruvayurappan Nagar, Rajasthan Bakery. At that time, the accused who came in a bike suddenly fell down. Thereafter, one of the accused Senthamizhan/A1, had quarrelled with the deceased as to why he did not help them when they fell down and subsequently, abused and attacked him on his stomach with knife due to which, he sustained injury and died. Hence, the complaint.
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3. The learned Counsel for the petitioner would submit that the petitioners are arrayed as A2 and A3 and they are innocent persons and they have been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 30 days from 13.10.2021. Even as per prosecution, they attacked the deceased only with hands and legs. Hence, he would pray for grant of bail to the petitioners.
4.The learned Government Advocate would strongly object stating that the petitioners along with other accused in a drunken mood, attacked the deceased with knife due to which, he died. He would further submit that the investigation is pending.
5. Considering the grave nature of offence and also of the fact that the investigation has not been 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, ANUPARPALAYAM TOWN POLICE STATION, TIRUPPUR DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.21392/2021 Date :16/11/2021 JPA 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/