Kamaraj v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.15243 of 2020 Kamaraj ... Petitioner Vs.

The State rep by its The Inspector of Police, Avadi Police Station, Chennai (Crime No.1061 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail in Crime No.1061 of 2020, pending on the file of the respondent police.

For Petitioner : Mr.D.Padmanabhan For Respondent : Ms.S.Thankira Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) The petitioner, who was arrested and remanded to the Judicial Custody on 26.08.2020, for the offences punishable under Section 452, 294(b), 342, 324, 307 and 506(ii) of IPC, in Crime No. 1061 of 2020, on the file of the respondent police seeks bail. 2.The case of the prosecution as per the defacto complainant Manoj is that on 26.08.2020, when the defacto complainant had gone to the house of his childhood friend, the accused had entered into his friend's house and had assaulted him brutally with knife due to which, he sustained five cut injuries and his throat was also slit. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that this is the second bail application and this Court had earlier dismissed his bail application vide order dated 14.09.2020 in Crl.O.P.No.14283 of 2020. He would further submit that even as per the F.I.R., earlier the victim had assaulted the petitioner/first accused with knife in respect of which, the victim was in jail. Thereafter, he came out of jail three days prior to the occurrence. He would further submit that the petitioner is suffering incarceration from 26.08.2020 and hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Criminal Side) would vehemently oppose stating that due to previous enmity, the accused along with A2 entered into the house of the defacto complainant's friend and attacked the defacto complainant with knife due to which, he sustained serious injuries. She would submit that the accused had also slit the throat of the victim. She would further submit that the petitioner is a history sheeter and he has four previous cases to his credit.

5. Taking into consideration of the facts and circumstances and the fact that the petitioner is a history sheeter and he has four previous cases to his credit, this Court is not inclined to grant bail to the petitioner.

6.This Criminal Original Petition stands dismissed accordingly. -sd/- 28/09/2020 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, PUZHAL, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, AVADI POLICE STATION, CHENNAI.

CC to M/S.D.PADMANABHAN Advocate on payment of necessary charges CRL OP.15243/2020 Date :28/09/2020 RVR 30/09/2020 https://hcservices.ecourts.gov.in/hcservices/