Elavarasan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner seeks bail in Crime No.1406 of 2023 registered by the respondent police for the offences punishable under Section 302 of IPC. It is stated that the petitioner had been arrested and taken into judicial custody on 23.08.2023.

2. It is stated that the 1st accused had a quarrel with the deceased and later he took him to a Tea shop and at that point of time, A2 and A3 had committed assault on the deceased leading to his death.

3. The learned counsel for the petitioner states that the 1st accused had been granted bail by the Principal Sessions Judge, Tiruppur, by an order dated 05.10.2023 in Crl.M.P.No.2224 of 2023.

4. A perusal of the said order shows that there has been no reasoning at all and it is not worthy of a Sessions Judge order and except for the consideration that the petitioner therein had been in custody for more than 44 days, no further discussion had been recorded by the

learned Principal Sessions Judge, Tiruppur. Quite unfortunately, the learned Principal Sessions Judge, Tiruppur appears to have had skewed view. So far as the petitioner is concerned, in Crl.M.P.No.2236 of 2023 the learned Sessions Judge had dismissed the bail application on 06.10.2023.

5. Taking into consideration all these factors, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition stands dismissed.

17.10.2023 ata

C.V.KARTHIKEYAN , J.

ata 17.10.2023