Madras High CourtCRL OP/24972/2021dismissed

Rowsan Manji v. 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.24972 of 2021 IN S.C.NO.31 of 2021 (On the file of the this Hon'ble II Additional District and Sessions Court at Poonamallee) ROWSAN MANJI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-2, AMBATHUR ESTATE POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO.734/2019) For Petitioner : M/S M.UDAYAVANI 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 25.11.2019 for the offences under Sections 449, 380, 302 IPC read with 34 IPC, in Crime No.734 of 2019 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the some unknown persons assaulted the son of the defacto complainant due to which, he sustained injuries and later 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 700 days from 25.11.2019. 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 the petitioner along with other accused committed the murder of the deceased. He would further submit that the other accused / A1 has been convicted by the Juvenile Justice Board and that the petitioner belongs to Bihar State and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, the trial would get stalled.

5. On seeing the nature of allegation levelled against the petitioner and the fact that the co-accused has been convicted by the Juvenile Justice Board and that the petitioner belongs to Bihar State and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, the trial would get stalled. Hence, 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 II ADDITIONAL DISTRICT AND SESSIONS JUDGE, POONAMALLEE, THIRUVALLUR DISTRICT.

2 THE INSPECTOR OF POLICE, T-2, AMBATHUR ESTATE POLICE STATION, THIRUVALLUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.UDAYAVANI Advocate on payment of necessary charges CRL OP.24972/2021 Date :20/12/2021 CSK 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/