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Madras High CourtCRL OP/23807/2021dismissed

Selvi v. State Rep By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23807 of 2021 SELVI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, AUROVILE POLICE STATION, VANUR,VILLUPURAM DISTRICT.

(CRIME NO.326/2021) For Petitioner : M/S E.ANBARASAN 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 14.10.2021 for the offences under Sections 147, 148, 341, 506(ii) and 302 of IPC, in Crime No.326 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on the instigation of the petitioner, the other accused committed the murder of the defacto complainant's husband. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and she is a lady aged about 45 years and that she has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 55 days from 14.10.2021 and hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is arrayed as A1 and a gang of persons are involved in this case. He would submit that the husband of the petitioner was murdered by the son of the deceased. Hence, as a retaliation, on the instigation of the petitioner, the other accused attacked the husband of the defacto complainant as a result of which, he died on the spot. He would submit that the investigation has not been completed and if the petitioner is released on bail, there is every possibility of tampering the evidence.

5. On seeing the allegation levelled against the petitioner and the fact that a gang of persons have been involved in this case and also considering the submission of the learned Government Advocate (Crl. Side) that the investigation has not been completed and there is possibility of tampering the evidence if the petitioner is released on bail and hence this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 13/12/2021 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 STATION HOUSE OFFICER, AUROVILE POLICE STATION, VANUR,VILLUPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S E.ANBARASAN Advocate on payment of necessary charges CRL OP.23807/2021 Date :13/12/2021 CSK 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/