Madras High CourtCRL OP/22017/2021granted

Shabarish v. State By

2021-11-22Honourable Mrs Justice T.V.Thamilselvi2 pages

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.22017 of 2021 SHABARISH [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

(CRIME NO.313 OF 2021) For Petitioner : M/S.M.JAYACHANDRAN 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 31.08.2021 for the offences under Sections 147, 148, 201, 302 of IPC, in Crime No.313 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the wife of the deceased who is an Auditor. Initially, the defacto complainant gave a complaint for man missing and during the course of investigation, it was found that the deceased had received a huge sum from the petitioner for the purpose of arranging loan. Thereafter, he did not arrange the loan and also not repaid the amount and therefore, the petitioner and other accused kidnapped the deceased and murdered him. Hence the complaint.

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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. He would further submit that the petitioner has been suffering incarceration for more than 80 days from 31.08.2021 and he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that a gang of persons have been involved in this case and due to money transaction, the occurrence had happened and that the investigation is still pending.

5.Considering the grave nature of offence and that the investigation is initial stage, 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, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.22017/2021 Date :22/11/2021 TA-30/11/2021 https://hcservices.ecourts.gov.in/hcservices/