Madras High CourtCRL OP/24585/2021dismissed

Kesavan v. State Rep By

2021-12-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24585 of 2021 KESAVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.

CR.NO.436/2021.

For Petitioner : M/S.D.JAGADEESAN 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 05.10.2021 for the offences under Sections 324, 307, 302 IPC, in Crime No.436 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Kathiresan/A1 and the de facto complainant are husband and wife. Due to illegal intimacy of the de facto complainant with the deceased named Ragupathi, the petitioners along with other accused attacked the deceased with iron rod and murdered him. Hence the complaint.

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 since he happens to be the Cobrother of A1. He would further submit that A1, A2, and A4 have been released on bail by this Court in Crl.O.P.No.23430 of 2021 by order dated 07.12.2021 and that the petitioner has been suffering https://hcservices.ecourts.gov.in/hcservices/

incarceration for 70 days from 05.10.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is arrayed as A3 and he is the co-brother of A1. Insofar as the petitioner is concerned, he along with A4 caught hold of the deceased in order to facilitate A1 and A2 to attacked the deceased but admits that co-accused have been granted bail by this Court.

5. On seeing the grave nature of offence and the fact that as per FIR, the petitioner also involved in the murder of the deceased. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/12/2021 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, KRISHNAGIRI TK POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM DISTRICT.

CC to M/S.D.JAGADEESAN Advocate on payment of necessary charges CRL OP.24585/2021 Date :16/12/2021 TA-29/12/2021 https://hcservices.ecourts.gov.in/hcservices/