Vijay v. State Of Tamilnadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vijay S/o.Babu ... Petitioner Vs.
State of Tamilnadu rep by its:
The Inspector of Police, (L&O) Sathangadu Police Station, Chennai.
(Crime No.2317 of 2020) ... Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail concerned in Crime No.2317 of 2020 on the file of the respondent police pending investigation.
For Petitioner : Mr.A.Thirumararn For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) 1/4
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 31.08.2020 for the offence punishable under Sections 294(b), 341 and 307 of IPC in Crime No.2317 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the defacto complainant Sugan is that on 30.08.2020 while he was standing outside of his house, the petitioner had in an inebriated condition, abused and assaulted the defacto complainant with knife due to which, he sustained injuries.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case due to enmity. He would further submit that the petitioner was arrested on 30.08.2020 and he has been suffering incarceration for more than one month. Hence, he prays for grant of bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioner is a notorious element against whom there are eight previous cases pending and on the fateful 2/4
day, the petitioner assaulted the defacto complainant with knife due to which, he sustained injury on his left neck. He would further submit that the petitioner was arrested recently on 31.08.2020 and the investigation is pending.
5. Taking into consideration the nature of offence and the fact that the petitioner is a notorious element against whom eight previous cases are pending and that the petitioner has been arrested recently on 31.08.2020, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.
07.10.2020 ksa-2 To
1. The Inspector of Police,(L&O) Sathangadu Police Station, Chennai.
2. The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J.
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