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Madras High CourtCRL OP/22171/2021dismissed

Bharathi v. State Of Tamil Nadu

2021-11-29Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22171 of 2021 BHARATHI [ PETITIONER / ACCUSED ] Vs STATE OF TAMIL NADU REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-1, MYLAPORE POLICE STATION, CHENNAI-4.

CRIME NO.1019/2021.

For Petitioner : M/S.B.BALAMURUGAN 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 17.09.2021 for the offences under Sections 341, 147, 148, 324, 302 and 506(ii) of IPC @ into Sections 147, 148, 341, 324, 302, 506 (ii) IPC r/w 201 and 120(B) IPC, in Crime No.1019 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused assaulted the husband of the defacto complainant and his friend indiscriminately by using deadly weapons due to that, the husband of the defacto complainant died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 70 days from 17.09.2021 and 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 due to previous enmity, the petitioner long with other accused attacked the husband of the defacto complainant and murdered him. He would further submit that a gang of persons are involved in this case and that the investigation has not been completed.

5.On seeing the grave nature of offence and that the investigation has not been completed, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petitioner is dismissed.

-sd/- 29/11/2021 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, E-1, MYLAPORE POLICE STATION, CHENNAI-4.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

CC to M/S.B.BALAMURUGAN Advocate on payment of necessary charges CRL OP.22171/2021 Date :29/11/2021 TA-13/12/2021 https://hcservices.ecourts.gov.in/hcservices/