The High Court rejected a bail petition filed on behalf of an individual already arrested and remanded to judicial custody in a prosecution case involving homicide and affray. The Court dismissed the petition without granting relief.
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Crl.O.P.No.23482 of 2022
Crl.O.P.No.23482 of 2022
M. NIRMAL KUMAR , J.
This petition has been filed to enlarge the petitioner on bail in the event of his arrest in Crime No.297/2022 pending investigation on the file of the respondent police.
extracted as below:
"The petitioner/A9, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120B, 147, 148, 294(b), 427, 506(ii) and 302 of I.P.C. in Crime No.297 of 2022 on the file of the respondent police, has filed this anticipatory bail petition.
2. The case of the prosecution is that on 27.08.2022 at bout 4.30 p.m., the de-facto complainant along with her cousin brother and her husband were proceeded in two separate bikes to Ariyalur Railway station to receive their daughter, who came from Chennai. While crossing Ramalingapuram Bharath Gas Godown, the de-facto complainant heard the noise of her husband falling from the bike and when her cousin brother turned the bike to help him, it is alleged that the de-facto complainant saw the first accused assaulted her husband with sharp weapon and further the second to seventh accused assaulted her husband with iron rods. When the de-facto complainant and her cousin brother ran to save her husband, they
Crl.O.P.No.23482 of 2022
were threatened by the first accused and it is further alleged that the accused persons have pushed her husband into the drain and flee from the spot in the vehicle driven by the eighth accused. The defacto complainant's husband sustained grievous injury all over the body and died on the spot. Hence, a case has been registered.
3. The contention of the petitioner is that there was a dispute with regard to the pathway in between the second accused and the deceased Ramachandran. This has been going on from the year, 2021. In continuation of the same, there has been several incidents taken place on 26.06.2022, 07.04.2022, 25.08.2022 and finally on 27.08.2022, the entire occurrence had taken place. As regards this petitioner is concerned, he was not present in the scene of occurrence. He is no way connected with the alleged offences. Being a father of the seventh accused, he has been falsely implicated in this case for obvious reasons.
4. Learned Government Advocate (Crl. Side) submitted that the respondent police on receiving the complaint from the de-facto complainant at about 6.30 p.m. rushed to the scene of occurrence within two hours. Thereafter, taken possession of the body, conducted inquest, sent the body for post-mortem and collected materials in the scene of occurrence. He further submitted that so far, the respondent police acted with alacrity and arrested six accused and seeks time to file a detailed status report with regard to the immediate action taken by the police for the earlier complaint lodged by the de-facto complainant against the accused and others and also the steps being taken to secure the absconding accused. So
Crl.O.P.No.23482 of 2022
far, none of the accused granted bail, all are in judicial custody.
5. Post the matter on 19.10.2022 for filing status report".
3. Today when the matter is taken up for hearing, the learned Government Advocate (Crl.side) submitted that the petitioner has been arrested on 30.10.2022 and he had been remanded in the judicial custody.
4. Recording the submissions made by the learned Government
Advocate (Crl.side), this criminal original petition stands dismissed.
01.11.2022
dpq
Crl.O.P.No.23482 of 2022
M. NIRMAL KUMAR, J.
dpq
Crl.O.P.No.23482 of 2022
01.11.2022
1 issue framed by the court
Whether the petitioner should be enlarged on bail pending investigation in a homicide case where he has already been arrested and remanded to judicial custody.
M. NIRMAL KUMAR
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
