A.Murugan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24674 of 2021 AND CRL.M.P.NO.13976 of 2021 1 A.MURUGAN [ PETITIONERS / ACCUSED ] 2 D.NAGARAJ 3 YUVARAJ 4 S.GNANAPRASHANTH @ PRASHANTH 5 E.AJITHKUMAR @ AJITH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAPPEDU POLICE STATION, TIRUVALLUR.
CRIME NO.485 OF 2021.
Y.KAVITHA BHARATHI [ PETITIONER / DEFACTO COMPLAINANT ] AS PER ORDER OF THIS COURT DATED 22.12.2021 IN CRL.MP. 13976 of 2021 IN CRL.O.P.NO.24674 of 2021 ] For Petitioners : M/S. N.KUMANAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) For Intervenor : M/S.G.MOHANA KRISHNAN, Advocate PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 23.10.2021 for the offences under Sections 147, 148, 294(b), 324, 452, 506(2) and 307 of IPC, in Crime No.485 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to political enmity, on 20.10.2021, the petitioners assaulted the husband of the defacto complainant with deadly weapons due to which, he sustained grievous injuries. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. He would further submit that the petitioners have been suffering incarceration for 60 days from 23.10.2021 and hence, he would pray for grant of bail to the petitioners.
4. Mr.G.Mohana Krishnan appearing for the defacto complainant would submit that the main accused namely Sadhasivam has not been arrested so far.
5. By way of reply, the learned Counsel for the petitioners would submit that the petitioners are no way connected with the said Sadhasivam and would submit that he seeks bail only for the petitioners who are innocent persons.
6. The learned Government Advocate (Crl. Side) would raise strong objection stating that as per the directions of this Court, the Deputy Inspector General of Police has been monitoring the investigation and that the investigation is still going on.
7. A perusal of the C.D. File reveals that the Investigating Agency is not taking any action against the said Sadhasivam for the reasons that no witnesses have spoken about his involvement. Further, as per the directions of this Court, the Investigating Agency is conducting the investigation and it is still going and if the petitioners are released on bail, there is every possibility of the petitioners tampering the evidence. Hence, this court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original petition is dismissed.
-sd/- 22/12/2021 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, MAPPEDU POLICE STATION, TIRUVALLUR.
2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. N.KUMANAN Advocate on payment of necessary charges CRL OP.24674/2021 & crl.M.P.NO.13976/2021 Date :22/12/2021 JPA 05/01/2022