Asaithambi @ Asaipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.3948 of 2021 Asaithambi @ Asaipandi ... Petitioner/16th Accused Vs The Stat Rep. by The Inspector of Police, Patukottai Police Station, Thanjavur District.

Crime No.17 of 2021. ... Respondent/Complainant For Petitioner : Mr.Manikandan G.D., Advocate. For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.17 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A16, who was arrested and remanded to judicial custody on 30.01.2021 for the offences punishable under Sections 147,148,302, 120(B)of IPC r/w. Section 25(1-A), 27(2) of Arms Act on the file of the respondent police seeks bail. 2.The case of the prosecution is that the petitioner along with other accused committed the murder of the deceased. Hence the complaint.

3.The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the name of the petitioner does not found place in the First Information Report and he has been implicated as an accused on the confession of the co-accused. He would also submit that the petitioner sustained injuries on his right leg and also injuries in the chest and he is undergoing treatment at Thanjavur Medical College Hospital, hence he may be granted bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Crl.Side) would submit that there are totally 22 accused in this case and the petitioner herein is arrayed as A16. He would also submit that all the accused persons in a well planned manner had committed the offence. He would also submit that all the accused persons in this case notorious rowdy elements and the petitioner is the history sheeted rowdy in H.S.No. 31 of 2020 and two previous cases are pending against him, hence he opposed to grant bail to the petitioner.

5. It is seen that the petitioner's group have involved in the murder of one Siranjeevi and the said Siranjeevi had taken away the uncle daughter of A1 who was married. To take revenge over the same, A1 had planned and gathered all his friends and executed the murder. Further all the accused persons are notorious rowdy elements and several cases are pending against each of them. The petitioner is the history sheeted rowdy in H.S.No. 31 of 2020 and two cases are pending against him. In a well planned manner the accused persons had committed the offence.

6.Taking into consideration the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Hence the petition stands dismissed.

sd/- 15/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, PATUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.3948 of 2021 Date :15/03/2021 AAV TE/JC/SAR-II : 18/03/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/