Pakkoda @ Tamizhalagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6975 of 2021 Pakkoda @ Tamizhalagan ... Petitioner/Accused No.6 Vs The State rep by The Inspector of Police, Thottiyam Police Station, Trichy District, (Crime No. 136 of 2021). ... Respondent/Complainant For Petitioner : M/s.Senthil Kumar.T., Advocate.

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

PRAYER :- For Bail in Cr.No.136 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A6, who was arrested on 10.04.2021 for the offence punishable under Section 302 of IPC @ 302,147,148,294(b), 323,324,341 and 506(ii) of IPC, in Crime No.136 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity all the accused conspired together and attacked the deceased with knife and caused his death. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Based on the confession statement given by A1 and A2 he has been falsely implicated as an accused in this case. He would further submit that the name of the petitioner does not found place in the First Information Report. He would also https://hcservices.ecourts.gov.in/hcservices/

submit that only A1 and A2 attacked the deceased with knife and the petitioner herein only kicked the deceased with his leg. He further submitted that the petitioner is in judicial custody from 04.04.2021, hence he seeks bail.

4.The learned Government Advocate (Crl.Side),on instructions, would submit that there are totally nine accused in this case and the petitioner herein is A6. He further submitted that the investigation is in preliminary stage and waiting for viscera report. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the investigation is in preliminary stage and waiting for viscera report, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 02/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 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, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

2. THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

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

ORDER

IN CRL OP(MD) No.6975 of 2021 Date : 02/06/2021 https://hcservices.ecourts.gov.in/hcservices/ VB VR SAR I(04/06/2021) 2P / 4C