Jagadeesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13594 of 2022 JAGADEESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

CRIME NO.159 OF 2022.

For Petitioner : M/S.P.MUTHUKUMARASAMY, Advocate For Respondent : MR.A.DAMODARAN, 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 17.05.2022 by the respondent police for the offences punishable under Sections 147, 148, 341, 294(b) & 307 of IPC in Crime No.159 of 2022, seeks bail.

2. The case of the prosecution is that the defacto complainant's sister and her husband had civil dispute for the past 10 years with the family of the first accused. On 07.05.2022, when the said sister's son was returning from his work, the first accused and four others waylaid him and on the instruction of the first accused, other accused persons caught hold him and the first accused assaulted him with iron rod. On hearing his alarm, his mother came there and she was also assaulted by the first accused, in which both sustained severe injuries. Thereafter, they were taken to Government Hospital, Tiruchengode.

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3. The learned counsel for the petitioner would submit that the petitioner is not named in the FIR and there is no specific overt act against him except the petitioner was present at the scene of occurrence. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are two victims and they had multiple fractures as they were beaten severely. At first, they were admitted in Government Hospital, Tiruchengode and after first aid, they were taken to Ganga Hospital, Coimbatore for further treatment. He would further submit that both the victims are still in hospital. Hence, he vehemently opposed to grant bail to the petitioners.

5. There are totally twelve accused, in which the petitioner is arrayed as A3. Both the victims have been admitted in Ganga Hospital, Coimbatore and still they are taking treatment as in-patient. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. -sd/- 23/06/2022 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, TIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB JAIL, TIRUCHENGODE.

CC to M/S V.BALAMURUGANE Advocate on payment of necessary charges CRL OP.13594/2022 Date :23/06/2022 TA-29/06/2022 https://hcservices.ecourts.gov.in/hcservices/