Madras High CourtCRL OP/23725/2021dismissed

Rajasekar v. The State Rep By

2021-12-08Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.23725 of 2021 RAJASEKAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT (CR NO.1238/2021) For Petitioner : M/S.B.S.RAMESH 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 petitioner who was arrested and remanded to judicial custody on 20.10.2021 for the offence under Sections 294(b), 307, 506(ii) @ 294(b), 302 of IPC, in Crime No.1238 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to partition of ancestral house, there was a dispute between the de facto complainant and the petitioner, further on 19.10.2021 the petitioner came to the de facto complainant's place at about 7.30 p.m they had a wordy quarrel and later about 12.30 am while the de facto complainant was sleeping in the terrace of his house. the petitioner poured petrol on overall body and burnt him, the de facto complainant unable to bear the pain and he jumped from the terrace to the adjacent open vacant land nearby his house and admitted in the hospital and there the defacto complainant lodged a complaint against the petitioner and on 21.10.2021 the defacto complainant expired. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is working as a cooli daily wages, due to family dispute the false allegation has been made against the petitioner and that the petitioner has been suffering incarceration for more than 45 days from 20.10.2021. Hence, he would pray for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor would strongly object stating that the petitioner is the sole accused and while the the deceased sleeping in the terrace the petitioner poured petrol and burnt him and statement has been recorded from the de facto complainant and investigation is still not completed.

5. Considering the grave nature of offence and also on seeing the modes operandi, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 08/12/2021 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 INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.S.RAMESH Advocate on payment of necessary charges CRL OP.23725/2021 Date :08/12/2021 CSK 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/