Unni @ Madhusudhan v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 01.11.2022 for the alleged offence under Sections 147, 148, 307 and 506(ii) of IPC in Crime No.528 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused have formed an unlawful assembly and assaulted the defacto complainant by using knife and aruval, resulting in him sustaining injuries. Hence the complaint.

3. The learned counsel appearing for petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that the coaccused in this case have already been enlarged on bail and the name of the petitioner does not find place in the FIR. He would also submit that the petitioner is in judicial custody from 01.11.2022 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that due to previous enmity, the petitioner along with other accused have waylaid the defacto complainant, assaulted him with knife and aruval. He further submit that the injured has been discharged from the hospital and there are 20 previous cases pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the gravity of the offence committed by the petitioner and the previous bad antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 20.01.2023 vkr

T.V.THAMILSELVI, J.

vkr Crl.O.P.No.420 of 2023 20.01.2023