Deepan Singh v. The Inspector Of Police

CRL OP(MD). No.8753 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8753 of 2023 Deepan Singh ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District.

(Crime No.17 of 2023).

... Respondent/Complainant For Petitioner : M/s.Ilayaraja.R, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.17 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/ A3, who was arrested and remanded judicial custody on 04.03.2023 for the offences punishable under Sections 342, 294(b), 506(ii) and 302 of IPC in Crime No.17 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous motive on 11.02.2023 all the accused persons joined together and attacked the deceased and caused his death. Hence the case came to be registered. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that no specific overt act has been attributed as against the petitioner and there exists enmity between A1 and the deceased. He further submits that the petitioner is in judicial custody from 04.03.2023, hence he seeks bail.

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

CRL OP(MD). No.8753 of 2023 4.The learned Additional Public Prosecutor would submit that all the accused persons brutally assaulted the deceased and caused his death. Further the petitioner was also present in the scene of occurrence and he caught hold of the deceased. Further A1 and A2 are arrested and still in judicial custody. He would further submit that the investigation is at the preliminary stage and if the petitioner is released on bail he will hamper the witnesses and there is a possibility of communal clash, hence he objected to grant bail to the petitioner.

5.Taking into consideration the gravity of offence and also taking note of the fact that the investigation is at the preliminary stage, this Court is not inclined to grant bail to the petitioner. 6.Hence the petition stands dismissed.

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 2 THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8753 of 2023 Date :17/05/2023 RS/VR/SAR-2(18.05.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2