Aravinthan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24514 of 2021 ARAVINTHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT CRIME NO.313/2021 For Petitioner : M/S.G.KAMOLIYA Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 16.09.2021 for the offences under Sections 302 @ 302, 147, 148, 120(b) of IPC, in Crime No.313 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant's husband was doing ganja business in their locality which was questioned by one Sorikuppan who is residing at same locality and he had also filed several petitions against the de facto complainant's husband named Ramesh. While so, on February 2020, the said Sorikuppan tried to misbehave with the de facto complainant due to which, the said Ramesh murdered the Sorikuppan. Thereafter he was arrested and later released on bail and used to put signature at the police station. While so, the said Ramesh was found died near the Kadappakam library with injuries in his head and hands. Hence, the complaint.

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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 and he would further submit that the petitioner has been suffering incarceration for about 85 days from 16.09.2021 and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 9 accused involved in this case and the petitioner is arrayed as A6 and that two of the accused/A8 and A9 are still absconding. He would further submit that as far as the petitioner is concerned, he accompanied the other accused and was watching the public movement and he has got two previous cases and the investigation has not been completed. 5.On seeing the nature of allegation leveled against the petitioner and his antecedents and two of the accused are still absconding and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.KAMOLIYA Advocate on payment of necessary charges CRL OP.24514/2021 Date :15/12/2021 RW 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/