Arun v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3719 of 2022 ARUN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE MANGADU POLICE STATION, KANCHEEPURAM DISTRICT.

(CRIME NO.36 OF 2022) For Petitioner : M/S. G.BALAMANIKANDAN Advocate For Respondent : M/S.G.V.KASTHURI, 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 20.01.2022 for the offences punishable under Sections 294(b), 307 and 341 of IPC in Crime No.36 of 2022, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner along with other accused waylaid the de facto complainant and assaulted him with wooden log and also pelted stones on him. Due to such assault, the de facto complainant sustained injuries on his head, abrasions on his left hand and right hand's ring finger. Hence, the complaint. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 20.01.2022 onwards. Hence, he prays for bail.

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4.

The learned Additional Public Prosecution appearing for the respondent police raised objection stating that investigation is pending. She would further submit that the petitioner is having one previous case for the offence punishable under Section 302 of IPC. Further, previously, the petitioner was detained under Goondas Act and recently, the same was revoked. According to her, the other accused, who are all involved in this case, are still absconding and therefore, if this petitioner is released on bail, he may try to tamper the witness and hamper the investigation. 5.

Considered the submissions made by the learned counsel appearing on either side. Though the injury sustained by the injured is simple in nature, considering the fact that the petitioner is a habitual offender, if this type of petitioner is released on bail, he may try to tamper the witness and hamper the investigation. Furthermore, in this case, the other accused, who are all involved, are not secured and the same is also one of the reasons that the bail could not be granted at this time. Hence, this Criminal Original Petition is dismissed.

-sd/- 16/02/2022 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 MANGADU POLICE STATION, KANCHEEPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.BALAMANIKANDAN Advocate on payment of necessary charges CRL OP.3719/2022 Date :16/02/2022 JPA 23/02/2022 https://hcservices.ecourts.gov.in/hcservices/