Gunasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.6559 of 2021

1. Gunasekar

2. Ganesan ... Petitioners/Accused Rank Not Known Vs The State By The Inspector of Police, Alangulam Police Station, Tenkasi District.

Cr.No.247 of 2021. ... Respondent/Complainant For Petitioners : M/s.Venkatesh.D., Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.247/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who were arrested and remanded to judicial custody on 13.04.2021 for the offences punishable under Sections 449,307,302, 506(ii) of IPC @ 147,148,448,307,302, 506 (ii), 109 and 120(B) r/w.34 of IPC on the file of the respondent police seeks bail.

2.The defacto complainant is the Project Manager of L &T company and the deceased is the Accounts Manager of the same company. The case of the prosecution is that due to some land dispute between the deceased and the A1 on 31.03.2021 all the accused persons trespassed into company shed , attacked the deceased with aruval and caused his death. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. He would also submit that the name of the petitioners does not found place in the First Information Report and even as per the confession they were not present in the scene of occurrence. He would further submit that the petitioner was not present in the scene of occurrence and he is in jail from 13.04.2021, hence he seeks bail.

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4. The learned Government Advocate(Crl.Side) would submit that the investigation is at the preliminary stage and the co-accused in this case are still absconding.

5. Taking into consideration the grave nature of offence committed by the petitioners and the investigation is at the nascent stage and the co-accused are still absconding, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 05.05.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV/TTA 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, ALANGULAM POLICE STATION, TENKASI DISTRICT.

2. THE OFFICER INCHARGE, SUB JAIL, TENKASI.

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

ORDER

IN CRL OP(MD) No.6559 of 2021 Date : 05/05/2021 VB VR SAR IV(17/05/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/