Madras High CourtCRL OP/25260/2021dismissed

Suresh v. State Rep By

2022-01-04Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25260 of 2021 SURESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, RACE COURSE POLICE STATION, COIMBATORE CITY (CRIME NO.28/2019) For Petitioner : M/S.M.SARAVANAKUMAR 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 09.01.2019 for the offence under Section 176 of Cr.P.C. and Section 302 of IPC, in Crime No.28 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein is an convicted accused and he was originally confined at Cuddalore prison and since he had created some troubles inside the prison, he was transferred to Coimbatore prison and there also, he created some problems during which, he stabbed the deceased who is a life convict and caused his death inside the prison. 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. He would further submit that this is the third application for bail and the earlier applications were dismissed by this Court and that the petitioner has been suffering incarceration for about 2 years from 09.01.2019. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner who is a convict in another case, has caused the death of the deceased who is a life convict inside the prison by stabbing him and that he has got 3 previous cases and if he is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence. He would further submit that already there is a direction to the trial Court in Crl.O.P.No.No.9265 of 2021 dated 14.06.2021 to complete the trial as early as possible.

5. On seeing the grave nature of offence and the antecedents of the petitioner and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidences. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 04/01/2022 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, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, RACE COURSE POLICE STATION, COIMBATORE CITY CC to M/S.M.SARAVANAKUMAR Advocate on payment of necessary charges CRL OP.25260/2021 Date :04/01/2022 RVR 10/01/2022 https://hcservices.ecourts.gov.in/hcservices/