Madras High CourtCRL OP/293/2022dismissed

Mariselvam v. State Rep By

2022-01-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.293 of 2022 MARISELVAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOVILAPALAYAM POLICE STATION, COIMBATORE DISTRICT (CRIME NO.675 OF 2021) For Petitioner : M/S C.MOHANRAJ Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 30.11.2021 for the offences under Sections 394 and 397 of IPC in Crime No.675 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with others waylaid the defacto complainant and robbed a sum of Rs.10,000/- and attacked him by using iron rod, thereby, the defacto complainant sustained injuries. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 42 days from 30.11.2021 and hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that totally, two accused involved in this case and they were arrested and remanded to judicial custody. He further submits that due to the attack made by the petitioner, the victim had sustained head injuries in seven places, 20 stitches were done for healing of the head injuries.

5.Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, KOVILAPALAYAM POLICE STATION, COIMBATORE DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S C.MOHANRAJ Advocate on payment of necessary charges CRL OP.293/2022 Date :10/01/2022 JPA 24/01/2022 https://hcservices.ecourts.gov.in/hcservices/