Madras High CourtCRL OP/25327/2021dismissed

Rajaguru v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25327 of 2021 RAJAGURU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BAGAYAM POLICE STATION, BAGAYAM, VELLORE DISTRICT.

CRIME NO.398/2021.

For Petitioner : M/S.G.VINODHKUMAR 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 30.10.2021 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 at about 5 p.m., the petitioner along with others waylaid the son of the defacto complainant and when the same was questioned, there ensued a quarrel between them following which, the accused attacked the son of the defacto complainant with wooden log as a result of which, he sustained injuries and admitted in the Hospital. Later, on 28.10.2021, he died. Hence, the complaint.

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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 A8 has been granted anticipatory bail by this Court in Crl.O.P.No.24255 of 2021 dated 17.12.2021 and that the petitioner has been suffering incarceration for more than 65 days from 30.10.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that there is a proposal for Goondas against the petitioner/A1 and that A9 is still absconding but, admits that A8 has been granted anticipatory bail by this Court.

5. In view of the fact that there is a proposal for Goondas against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 03/01/2022 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, VELLORE.

2 THE INSPECTOR OF POLICE, BAGAYAM POLICE STATION, BAGAYAM, VELLORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.25327/2021 Date :03/01/2022 RW 06/01/2022 https://hcservices.ecourts.gov.in/hcservices/