M.Prakash v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION Nos.25040 & 25047 of 2021 M.PRAKASH [ PETITIONER / ACCUSED IN CRL.O.P.No.25040/2021 ] C.SATHISH [ PETITIONER / ACCUSED IN CRL.O.P.No.25047/2021 ] Vs THE STATE REP BY [ RESPONDENT / COMPLAINANT THE INSPECTOR OF POLICE, IN BOTH PETITIONS ] V-5, POLICE STATION, THIRUMANGALAM, CHENNAI-600 101, CRIME NO.685 OF 2021.
For Petitioner : M/S.S.KINGSTON JEROLD Advocate [IN BOTH PETITIONS] For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 14.11.2021 for the offences under Sections 294(b), 324, 302 and 506(ii) IPC, in Crime No.685 of 2021, on the file of the respondent police seeks bail.
2. The case of the prosecution is that on 04.11.2021 there was a quarrel between the accused and the deceased due to which, the petitioners along with others attacked the deceased with iron rod and stones due to which, he sustained injuries. Initially the case was registered on the file of the K-11 Koyambedu Poilice Station, for the
offence under Sections 294(b), 324 and 506(ii) IPC in Crime no.562 of 2021. Later on 13.11.2021, the deceased died in K.M.C. Hospital. Hence, the case was transferred to the file of the respondent police in Crime No.685 of 2021 and the offences were altered to Sections 294 (b), 324, 302 and 506(ii) IPC.
3. The learned Counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and that they have been suffering incarceration for 35 days from 14.11.2021 and would pray for grant of bail.
4. The learned Government Advocate (Crl. Side) would raise strong objection stating that 2 gangs are involved in this case and out of wordy quarrel with regard to jurisdictional area near by petrol bunk, the accused attacked the deceased with iron rod due to which, he died and the investigation has not been completed.
5. On seeing the grave nature of offence and the fact that the investigation has not been completed and gang of persons are involved in this case, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 21/12/2021 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, V-5, POLICE STATION, THIRUMANGALAM, CHENNAI-600 101, 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.KINGSTON JEROLD Advocate on payment of necessary charges CRL OP.25040 & 25047/2021 Date :21/12/2021 JPA 04/01/2022