Madras High CourtCRL OP/22075/2021dismissed

Dharma @ Dharma Arasu v. State Rep By

2021-11-26Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22075 of 2021 DHARMA @ DHARMA ARASU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, E4 ABIRAMAPURAM POLICE STATION, MYLAPORE, CHENNAI.

Crime No.759 of 2021 For Petitioner : M/S. D.PRASANNA 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 08.09.2021 for the offence under Man Missing @ into Section 302 IPC, in Crime No.759 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that as per the complaint lodged by the mother of the deceased, initially the case was registered for Man Missing and after enquiry, it was found that the deceased and the accused were selling Ganja and due to competition, the deceased was murdered. Hence, the case was altered to Section 302 IPC.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for 80 days from 23.04.2021. Hence, he would pray for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned government Advocate (Crl. Side) woud raise strong objection stating that there are totally 6 accused and there was a dispute between the accused and the deceased with regard to distribution of Ganjan due to which, the occurrence happened and the investigation has not been completed.

5.On seeing the nature of allegation, this Court is of the opinion that the case is required a detailed enquiry and hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/11/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 INSPECTOR OF POLICE, E4 ABIRAMAPURAM POLICE STATION, MYLAPORE, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. D.PRASANNA Advocate on payment of necessary charges CRL OP.22075/2021 Date :26/11/2021 RVR 13/12/2021 https://hcservices.ecourts.gov.in/hcservices/