H.Daniel v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21930 of 2021 H.DANIEL [ PETITIONER / ACCUSED ] Vs STATE RE BY:

[ RESPONDENT ] THE INSPECTOR OF POLICE V-3, POLICE STATION, J.J.NAGAR, CHENNAI-600 0042 CRIME NO.147 OF 2021.

For Petitioner : M/S.S.MOHAN RAJ 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 petitioner who was arrested and remanded to judicial custody on 01.10.2021 for the offences under Sections 341, 147, 148, 294(b) and 302 of IPC, in Crime No.147 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, there was a previous enmity over a murder case happened in the year 2019 due to which, the petitioner along with other accused, by using knife, brutally attacked the deceased due to which, he died. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case based on the confession of co-accused. He would further submit that the petitioner has been suffering incarceration for more than 50 days from 01.10.2021 and some of the co-accused have been granted bail by the lower Court. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is a history sheeter and he has got 6 previous cases out of which, 2 cases are for murder and that the petitioner has been arrested in this case through P.T. Warrant. 5.Considering the grave nature of offence and the fact that the petitioner has got 6 previous cases and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/11/2021 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 V-3, POLICE STATION, J.J.NAGAR, CHENNAI.

2 THE SUPERINTENDENT, PUZHAL PRISON JAIL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.MOHAN RAJ Advocate on payment of necessary charges CRL OP.21930/2021 Date :22/11/2021 JPA 29/11/2021 https://hcservices.ecourts.gov.in/hcservices/