Madras High CourtCRL OP/25473/2021dismissed

Nandhakumar v. State Represented By

2021-12-23Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25473 of 2021 NANDHAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-3, KORATTUR POLICE STATION, CHENNAI - 600 062.

(CRIME NO.1058 OF 2021) For Petitioner : M/S.S.SUGUMAR 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 23.10.2021 for the offences under Sections 341, 294(b), 325, 506 (I) IPC @ 341, 294(b), 302, 506(i) of IPC in Crime No.1058 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the deceased. The deceased was having illicit intimacy with the mother-in-law of the petitioner due to which, there was a quarrel between them. At that time, the petitioner attacked the deceased due to which, he sustained injuries and later died in the hospital. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 60 days from 23.10.2021 and 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 deceased had developed intimacy with the mother-in-law of the petitioner due to which, the petitioner attacked the deceased and committed to death and if he is released on bail, there is every possibility of him getting abscond and tampering the evidence.

5. On seeing the grave nature of offence and there is every possibility of the petitioner getting abscond and tampering the evidence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/12/2021 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, T-3, KORATTUR POLICE STATION, CHENNAI - 600 062.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SUGUMAR Advocate on payment of necessary charges CRL OP.25473/2021 Date :23/12/2021 CSK 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/