R.Manojkumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.12.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.18277 of 2020 R.Manojkumar ... Petitioner -Vs The Inspector of Police,

...Respondent

Avinashi Police Station Tiruppur District.

(Crime No.1868 of 2020) Prayer: Criminal Original Petition is filed under Section 439 of Crl.P.C, to enlarge the petitioner on bail pending investigation in Crime No.1868 of 2020 on the file of the respondent police. For Petitioner : Mr.T.Balachandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 27.09.2020 for the offence punishable under Sections 294(b), 341, 326, 506(ii) IPC @ into Section 307 IPC in Crime No.1868 of 2020, seeks bail.

2. The case of the prosecution as per the defacto complainant Karthi is that on 23.09.2020, due to wordy quarrel, the petitioner along with other accused waylaid the defacto complainant and attacked him with knife and wooden log and criminally intimidated him. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would submit that both the petitioner and the defacto complainant are from same locality and due to enmity and on the confession of co-accused, he has been falsely implicated in this case. He would submit that the petitioner's name does not find place in the F.I.R. and that he has been suffering incarceration for more than 70 days from 27.09.2020. Hence, he prays for grant of bail.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the the petitioner is a notorious criminal and he is the associate of A1 against whom 20 cases are pending. Insofar as this petitioner is concerned, he has got four previous cases. He would further submit that due to the attack, the hand of the victim got amputated from his wrist

5. Taking into consideration the nature of offence and the fact that the petitioner is a notorious element against whom there are four previous cases and he is the associate of A1 against whom, there are 20 previous cases and taking note of the fact that the hand of the victim has been severed from his wrist, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 07/12/2020 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 INSPECTOR OF POLICE AVINASHI POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S. T.BALACHANDRAN Advocate on payment of necessary charges CRL OP.18277/2020 Date :07/12/2020 TA-15/12/2020 https://hcservices.ecourts.gov.in/hcservices/