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Madras High CourtCRL OP/26059/2023dismissed

Edwin Jegan v. Inspector Of Police

2023-11-23Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioner/A12 in Crime No.169 of 2023, registered by the respondent police for the offences punishable under Sections 147, 148, 341, 324, 506(ii) and 302 IPC, seeks bail. The petitioner was taken into custody on subsequent date, on 31.08.2023, with reference to an occurrence which took place on 18.08.2023. 2.The earlier application seeking bail in Crl.O.P.No.24246 of 2023 had been dismissed by this Court on 30.10.2023. 3.It is stated that the petitioner herein and the other accused had an affinity with the deceased and on the faithful day i.e., on 18.08.2023, they had a case at the Metropolitan Magistrate Court, Egmore. Thereafter, they had all gone over to Pattinapakkam/Foreshore Estate and had apparently come under the influence of liquor and all the other accused had also joined and the deceased was murdered and one person also suffered injuries, necessitating registration of the crime also under Section 307 of IPC.

4.In so far as the present petitioner is concerned, it is the case of the prosecution that he was patrolling the area in yet another car/Ford Fiesta, bearing Regn. No.TN-63-AA-4639. That one factor may not be a direct factor against the petitioner herein but it is also informed that the same vehicle had been seized at Tirunelveli with respect to FIR in Crime No.332 of 2023. This would only imply that the said vehicle is used at other places where offences taken place. That offence had happened after the present occurrence.

5.Though the learned counsel states that the petitioner has been in custody for 85 days, further enquiry will have to be done as to the owner of the car and the manner in which the car was used successively for atlest two separate offences under Section 302 of IPC. Let the investigation in that manner be proceeded with. 6.Taking into consideration all these facts, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition stands dismissed.

23.11.2023 rjr/ata

C.V.KARTHIKEYAN , J.

rjr 23.11.2023