R.Sarathkumar @ Pookadai Sarath v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1402 of 2022 R.SARATHKUMAR @ POOKADAI SARATH [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] METTUPALAYAM POLICE STATION, METTUPALAYAM, COIMBATORE DISTRICT (CRIME NO. 1306 OF 2021) For Petitioner : M/S. R.PRABUDOSS Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor 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 23.12.2021 for the offences under Sections 147, 148, 294(b), 324, 342, 506(ii) and 307 IPC, in Crime No.1306 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that due to previous enmity, on the date of occurrence, the petitioner along with other accused assaulted the victim with knife and iron rod. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 30 days from 23.12.2021. He would further submit that the co-accused has been granted bail by the lower Court. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor would raise strong objection stating that there are totally 6 accused in this case and the petitioner is arrayed as A4 and it is a case of pre-planned attack. Due to previous enmity, the accused asked to victim to come to a lodge room for settlement talk where the accused joined together and attacked the victim due to which, he sustained severed injuries and suffered 5 sutures on his chest and that the petitioner has got one previous case.

5.On seeing the nature of offence and the antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/01/2022 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 SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

2 THE INSPECTOR OF POLICE METTUPALAYAM POLICE STATION, METTUPALAYAM,COIMBATORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.PRABUDOSS Advocate on payment of necessary charges CRL OP.1402/2022 Date :24/01/2022 RW 03/02/2022 https://hcservices.ecourts.gov.in/hcservices/