Madras High CourtCRL OP/24730/2021dismissed

Arun Kumar v. State Rep By

2021-12-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24730 of 2021 1 ARUN KUMAR [ PETITIONERS / ACCUSED ] 2 ARAVINDHAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHUNAMBEDU POLICE STATION, CHENGALPATTU, CRIME NO.313 OF 2021.

For Petitioner : M/S.D.JAYASEKAR 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 petitioners, who have been arrested and remanded to judicial custody on 13.09.2021 by the respondent police for the alleged offence punishable under Sections 302 @ 302, 109, 147, 148 and 120 B of IPC in Cr.No.313 of 2021 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that her husband was a ganja peddler in the locality and the said illegal activity was informed to the police by one Sorikuppan. Due to which, the deceased/husband of the defacto complainant had enmity with the above said Sorikuppan and murdered him. Thereafter, he was arrested and released on bail. On 11.09.2021, while heading off to Kasimedu from Kadapakkam for appearing before the police station, the defacto complainant's husband was murdered by the gang of persons for which the petitioners and son of Sorikuppan were suspected by the respondent police. Hence, the complaint.

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3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that due to previous enmity, the defacto complainant's husband was murdered by a gang of persons including the petitioners herein. He further submitted that the bail petition filed by the co-accused persons were dismissed by the Court below and there are two previous cases pending against the petitioner/A6. Hence, he vehemently opposed to grant bail to the petitioners.

5. Considering the gravity of offence that the petitioners were involved in gang murder and if they are released on bail, they would abscond and tamper the evidence, this court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/12/2021 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, CHUNAMBEDU POLICE STATION, CHENGALPATTU.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.JAYASEKAR Advocate on payment of necessary charges CRL OP.24730/2021 Date :17/12/2021 JPA 03/01/2022 https://hcservices.ecourts.gov.in/hcservices/