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Madras High CourtCRL OP/26491/2023dismissed

Stephen Raj v. State Rep.By

2023-11-22Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The petitioner is an accused in Crime No.387 of 2022, registered by the respondent police for the offences punishable under Sections 147, 148, 341, 364 & 302 of IPC. The petitioner had been remanded to custody on 21.09.2023.

2.The learned counsel for the petitioner stated that the petitioner's name is not found in the FIR and that he is innocent of the said offences but however, there is one previous case is pending against the petitioner herein in Crime No.95 of 2023, which had been registered under Section 395 of IPC.

3.On the side of the respondent, it is stated that in the FIR, 19 accused were stated but during investigation it was found that it was this particular petitioner, who chased the deceased with knife and ensured that the deceased was fatally injured leading to death of the deceased. 4.It is stated that since investigation has revealed all these facts

and since this is also an evident in the CCTV footage, where the petitioner is clearly identifiable with the knife in his hands, the petitioner would be now re-arranged and re-categorized as the 1st accused. 5.It is also stated that in that in view of this particular act, every step is being taken to detain the petitioner under Act 14 of 1982. There is also one previous case against the petitioner, which had been registered under Section of 395 of IPC wherein, it is alleged that he had robbed the victim and threatened him with knife. The affinity of the petitioner to carry a knife with him when walking in the road cannot be accepted and is condemnable.

6. In view of all these facts, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

22.11.2023 rjr/ata C.V.KARTHIKEYAN , J.

rjr 22.11.2023