Ayyanar v. The State Rep By

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.25798 of 2021 AYYANAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRU.VI.KA NAGAR POLICE STATION, PULIANTHOPE, CHENNAI DISTRICT.

CR NO.1084/2021.

For Petitioner : M/S.J.SASILIE 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 27.10.2021 for the offences under Sections 147, 148, 302 IPC in Crime No.1084 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.10.2021 at about 9.45 p.m., the petitioner along with other accused attacked the defacto complainant and others due to which, one Mani sustained severe injuries and he was taken to hospital where he was declared as brought dead. 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 the petitioner has been suffering incarceration for 65 days from 27.10.2021. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner has got two previous cases out of which, one case for the offence under Section 302 IPC. He would further submit that A8 who is a juvenile has been granted bail and that A1 and A3 have been detained under Goondas and if the petitioner is released on bail, there is every possibility of him getting abscond and tampering the evidence.

5.On seeing the nature of allegation levelled against the petitioner and his antecedents and that the investigation has not been completed and if the petitioner is released on bail, there is every possibility of him getting abscond and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is 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 INSPECTOR OF POLICE, THIRU.VI.KA NAGAR POLICE STATION, PULIANTHOPE, CHENNAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.J.SASILIE Advocate on payment of necessary charges CRL OP.25798/2021 Date :03/01/2022 TA-10/01/2022 https://hcservices.ecourts.gov.in/hcservices/