Madras High CourtCRL OP/25201/2021dismissed

Madhavan v. 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.25201 of 2021 MADHAVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BAGAYAM POLICE STATION, BAGAYAM, VELLORE DISTRICT (CRIME NO.398 OF 2021) For Petitioner : M/S G.VINODHKUMAR 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 petitioner who was arrested and remanded to judicial custody on 24.10.2021 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 05.00 p.m., when the deceased was proceeding near DKM College Road, the petitioner and other accused persons assaulted the deceased by using wooden log and threatened him and subsequently, he was admitted in the hospital and later on 05.11.2021, 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 the above case and that he has been suffering incarceration for more than 59 days from 24.10.2021. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) raised strong objection stating that there are totally 9 accused involved in this case and the petitioner is arrayed as A5 and that the investigation is at the initial stage.

5. It is seen that a young boy has been committed to death by gang of persons. On seeing the grave nature of allegations levelled in the FIR and that the investigation is at the initial stage, 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 INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.25201/2021 Date :22/12/2021 JPA 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/