Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6597 of 2021

1. Mohan

2. Kutta Ganesan @ Ganesan ... Petitioners/Accused Vs The State Rep.by, The Inspector of Police, Palayanoor Police Station, Sivagangai District.

Crime No. 31 of 2021.

... Respondent/Complainant For Petitioners : Mr.Udhayakumar R, 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.31 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, who were arrested on 20.04.2021 for the offence punishable under Sections 294 (b), 323, 307, 506(ii) of IPC @ 294 (b), 323, 506(ii) and 302 of IPC in Crime No.31 of 2021 on the file of the respondent police, seek bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent police. 3.The case of the prosecution is that due to previous enmity, the petitioners along with other accused assaulted one Ramakrishnan with deadly weapons. Due to which, he died. Hence, the present case.

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4.The learned counsel for the petitioners submitted that petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners have been falsely implicated in the present case. He further submitted that the petitioners have been in judicial custody from 20.04.2021. Therefore, he seeks bail.

5.The learned Government Advocate (criminal side), on instructions, submitted that six witnesses have been examined and the investigation in this case is not yet completed. Therefore, he strongly opposes this petition.

6.Considering the facts and circumstances of the case and the investigation in this case is pending, this Court is not inclined to grant bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 12/05/2021 / 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, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

ORDER

IN CRL OP(MD) No.6597 of 2021 Date :12/05/2021 SM CSL/VR/SAR-I/20.05.2021 https://hcservices.ecourts.gov.in/hcservices/