Jagadeesh v. State Rep By
Crl.O.P.No.15769 of 2022 G.K.ILANTHIRAIYAN, J.
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.
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.
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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. It is seen that already this Court dismissed the bail petition in Crl.OP.No.13594 of 2022 filed by the petitioner on 23.06.2022 for the reason both the victims admitted in Ganga Hospital, Coimbatore were taking treatment as in-patient. This is the second bail petition, however the victims have not been discharged from the hospital even till today. Therefore, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this criminal original petition is dismissed. 07.07.2022 lok 2/4
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G.K.ILANTHIRAIYAN, J.
lok Crl.O.P.No.15769 of 2022 07.07.2022 4/4