Lingam @ Ganesh v. State By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 23.03.2022 for the alleged offence under Section 307 of I.P.C. in Crime No.102 of 2022 on the file of respondent police, pending trial in S.C.No.311 of 2022 on the file of XXI Addl. Judge, Chennai, seeks bail.

2. The case of prosecution is that on 21.03.2022 around 06.00 p.m, while the petitioner and the defacto complainant consuming alcohol, there was a wordy quarrel between them, thereby he attacked him with hands, due to which, he sustained simple injury. Hence, the complaint.

3. The learned counsel appearing for petitioner submitted that this court by an order dated 03.01.2023 set aside his detention order and a copy of the order is enclosed along with his petition. he is no way connected

with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 10 months from 23.03.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally there are 35 previous cases pending against the petitioner, in which 15 cases are under Sec.379 of I.P.C. and he is a notorious person. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and also considering submissions made by both counsels and also on seeing his bad antecedents, i.e. there are 35 previous cases pending against him, and if he

is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 08.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 08.02.2023