Kagil v. State Rep By

Crl.O.P.No.26703 of 2023 Crl.O.P.No.26703 of 2023 C.V.KARTHIKEYAN , J.

The petitioner/A3 seeks bail in S.C.No.216 of 2023, now pending before the II Additional District and Sessions Judge, Tiruvallur. Originally Crime No.381 of 2023 had been registered under Sections 120 (b), 341, 147, 148, 307, 302 r/w 149 IPC. The petitioner had been remanded to judicial custody on 05.06.2023.

2.It is the case of the prosecution that owing to previous motive and as a retaliation, all the accused persons had followed both the deceased and the injured and attacked them, causing death of one person and injuries to another person.

3.The learned counsel for the petitioner pointed out the period of incarceration and also stated that A2, A5, A6, A7 and A8 had been granted bail by the Sessions Court, Poonamallee. It is also stated that the detention orders against A1, A2 & A4 under Act 14 of 1982 had been subsequently revoked by the orders of this Court.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.26703 of 2023 C.V.KARTHIKEYAN , J.

sli 4.But, however, it will only be appropriate that the injured witness who has to depose before the Court should be given sufficient confidence to tender evidence in chief and cross examination. To that extent, reasonable protection must be there. Therefore, at this stage, I am not inclined to grant bail to the petitioner herein.

5.Accordingly, this Criminal Original petition stands dismissed with a liberty to file a fresh application after the completion of chief and cross examination of the injured witness.

06.12.2023 sli Crl.O.P.No.26703 of 2023 https://www.mhc.tn.gov.in/judis 2/2