Madras High CourtCRL OP/24962/2021dismissed

Kumar v. The State Rep By

2021-12-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24962 of 2021 KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BAGAYAM POLICE STATION, BAGAYAM, VELLORE DISTRICT.

(CR NO.398/2021) For Petitioner : M/S.G.VINODH KUMAR 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 10.11.2021 for the offences under Sections 294(b), 323, 324, 341, 506(ii) IPC @ 147, 148, 294(b), 323, 324, 341, 506(ii) IPC @ 302 IPC, in Crime No.398 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.10.2021, when the accused persons waylaid the deceased and when the same was questioned, there was a quarrel between them during which, the accused persons assaulted the deceased with wooden log due to which, he sustained injuries and admitted in the hospital and later, on 26.10.2021, he died. 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 and that he has been suffering incarceration for more than 40 days from 10.11.2021. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that there are totally 9 accused involved in this case and the petitioner is arrayed as A7 and all the 9 accused have been arrested and remanded to judicial custody and that the investigation has not been completed.

5. A gang of persons are involved in this case and that due to the grievous injuries sustained by the deceased, he died. On seeing the grave nature of allegation levelled against the petitioner and the fact 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/- 20/12/2021 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, BAGAYAM POLICE STATION, BAGAYAM, VELLORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.VINODH KUMAR Advocate on payment of necessary charges CRL OP.24962/2021 Date :20/12/2021 CSK 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/