Madras High CourtCRL OP/24917/2021dismissed

Parthiban v. The State Rep By

2021-12-22Honourable Mrs Justice T.V.Thamilselvi2 pages

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.24917 of 2021 PARTHIBAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHUNAMBEDU POLICE STATION, CHENGALPATTU CRIME NO.313/2021 For Petitioner : M/S.D.JAYASEKAR 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 13.09.2021 for the offences under Sections 302 @ 302, 109, 147, 148 and 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 defacto complainant is the 1st wife of one Ramesh, who is the deceased herein and he was a Ganja peddler. Earlier, the deceased had murdered one Sori Kuppan due to previous enmity following which, he was arrested and remanded to judicial custody and later, he came out on bail. While so, on 11.09.2021, the son of the said Sori Kuppan along with other accused murdered the deceased. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused/A2, A4, A5 and https://hcservices.ecourts.gov.in/hcservices/

A7 have been granted bail and that the petitioner has been suffering incarceration for more than 100 days from 13.09.2021. Hence he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised strong objection stating that the petitioner is arrayed as A1 and he has got two previous cases out of which, one case is for the offence under Section 302 IPC and the other case is for the offence under NDPS Act.

5. On seeing the gravity of offence, the antecedents of the petitioner and the investigation has not been completed and since there is every possibility of the petitioner getting abscond if he is released on bail, this Court is not inclined to grant bail to the petitioner. 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, CHUNAMBEDU POLICE STATION, CHENGALPATTU.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.JAYASEKAR Advocate on payment of necessary charges CRL OP.24917/2021 Date :22/12/2021 RW 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/