Madras High CourtCRL OP/21772/2021dismissed

Selvam v. State Rep By

2021-11-19Honourable Mrs Justice T.V.Thamilselvi2 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 Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21772 of 2021 1 SELVAM [ PETITIONERS / ACCUSED ] 2 PAZHANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SANKARAPUAM POLICE STATION, KALLAKURICHI CR NO.811/2021 For Petitioner : M/S.M.KARTHIK 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 01.10.2021 for the offences under Section 294(b), 323, 324, 341, 506(ii) and 302 of IPC, in Crime No.811 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 30.09.2021, the defacto complainant not paid the interest amount towards the hand loan of Rs.50,000/- which he availed from the petitioner due to that, there was a wordy quarrel during which, the petitioner abused and assaulted the defacto complainant's son by wooden stick and subsequently, he died. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners have been suffering incarceration for more than 45 days from 01.10.2021 and he would pray for grant of bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that due to financial transaction, there was a quarrel between the parties during which, the defacto complainant's son was assaulted and admitted in the hospital and subsequently, he died.

5.Considering the grave nature of offence and the fact that investigation has not been completed, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is 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, SANKARAPUAM POLICE STATION, KALLAKURICHI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICE INCHARGE SUB JAIL, KALLAKURICHI CC to M/S.M.KARTHIK Advocate on payment of necessary charges CRL OP.21772/2021 Date :19/11/2021 APN 29/11/2021 https://hcservices.ecourts.gov.in/hcservices/