Madras High CourtCRL OP/24413/2021dismissed

R.Kumar v. The State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24413 of 2021 R.KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, CBCID, CUDDALORE POLICE STATION, CUDDALORE DISTRICT CRIME NO.1/2020 For Petitioner : M/S.K.BALU Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 176 Cr.P.C. And 306 I.P.C. in Crime No.1 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that when the petitioner was in jail at Central Prison, Cuddalore for 60 days for the offence under Sections 120B, 341, 302 r/w 34, 109 IPC in Crime No.260 of 2016, one of the co-accused committed suicide on 30.07.2016, while in police custody. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the defacto complainant lodged a false case against the petitioner and he is now way connected in this case. The alleged occurrence said to have been taken place in the year 2016 and the FIR was registered only in 2020. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the suicide had occurred inside the prison, due to the instigation of the petitioner. Subsequently, the investigation was transferred to CBCID. Based on the suicide note, a complaint has been made against this petitioner. Hence, he vehemently opposed the grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that this case needs a detailed investigation, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the criminal original petition is dismissed. -sd/- 12/01/2022 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, CBCID, CUDDALORE POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.BALU Advocate on payment of necessary charges CRL OP.24413/2021 Date :12/01/2022 RW 25/01/2022 https://hcservices.ecourts.gov.in/hcservices/