Mano @ Manawalan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.6152 of 2025 Mano @ Manawalan .... Petitioner Vs.

The State represented by, The Inspector of Police, M-5, Ennore Police Station, Tiruvallur District.

(Crime No.774 of 2023). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.774 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.C.Vijay For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.11.2023 for the alleged offence under Section 302 of IPC in in Crime No.774 of 2023 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that due to dispute with regard to contract for construction of library from Public Works Department, on the date of occurrence, petitioner along with other accused waylaid the defacto complainant's husband, assaulted him with deadly weapons, as a result of which, he sustained serious injuries and died on the spot. Hence, the case.

3. This is the 3rd bail application filed by the petitioner. Earlier bail petition was dismissed on 23.01.2025 in Crl.O.P.No.32154 of 2024, wherein this Court observed as follows:

Considering the facts and circumstances, and according to prosecution, due to the dispute with regard to a Government Contract for construction of library, there was an enmity between them, thereby on the date of occurrence, they attacked him, due to which he sustained serious injuries and died and the fact that the investigation is almost completed and the fact that 7 previous cases pending as against the petitioner, in which the cases were registered under Sec.302 and 307 of IPC respectively and the fact that co-accused A5 and A6 were released on bail and also considering the period of incarceration undergone by the petitioner from 01.11.2023 for 2/4

more than 302 days and on considering past bad antecedents of the petitioner and the fact there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial and dispose the case as early as possible.

4. The learned counsel appearing for the petitioner is unable to spell out any change in circumstances. The petitioner is an henchman and has 7 previous cases of similar nature and he is an habitual offendor and there is every possibility of him tampering with the witnesses if he is released on bail at this stage.

5. Accordingly, this Criminal Original Petition is dismissed. 06.03.2025 Sma 3/4

SUNDER MOHAN., J.

Sma 06.03.2025 4/4