Syed Saleem @ Saleem v. The State Rep By
RMT.TEEKAA RAMAN,J.
The petitioners/A1 & A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 307 and 506(ii) of IPC in Crime No.341 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant was auto driver and earlier there was previous enmity between two Auto stands situated adjacently. While so, in Maikal Auto, one unclaimed knife was found, for which the defacto complainant and his friend Maikal went to question the adjacent auto stand persons/petitioners and entered into wordy quarrel and in due course, the petitioner assaulted the defacto complainant with iron road and stones. Later the defacto complainant sustained injuries and admitted in hospital and subsequently discharged from hospital. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are an innocent persons and they have been falsely implicated in this case. Therefore, he prays for grant of bail to the petitioners. 1/3
4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that these accused/A1 & A6 along with few others were involved in a group clash in the auto stand and have attacked one Michel with iron rod and caused injuries all over the body including the head. Though the injured is discharged, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the nature of offence committed by the petitioners; the seat of the injury; the weapon alleged to have been used and that it is a group clash in the auto stand and the investigation is pending, this Court is not inclined to grant bail to the petitioners. 7.Accordingly, this Criminal Original Petition is dismissed. ars 08.08.2023 RMT.TEEKAA RAMAN,J.
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ars 08.08.2023 3/3