Rowsan Manji v. State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 25.11.2019 for the alleged offence under Sections 380, 302 of I.P.C. r/w Sec.34 of I.P.C. in Crime No.734 of 2019 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that some unknown persons assaulted the son of defacto complainant, due to which, he sustained injuries and later he died. Hence, the complaint.
3. The learned counsel appearing for petitioner would submit that this is the second petition praying for bail and he is in custody for the past three years. He would submit that no allegation made against the petitioner either from village or from respondent police. He would submit that the investigation is almost completed and he is ready to comply with the
condition imposed by this court. He would also submit that the charge sheet has been filed and prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are two accused and the petitioner is arrayed as A2. He would submit that the charge sheet was taken on file in S.C.No.31 of 2021 on the file of II Addl. District and Sessions Court at Poonamallee. He would submit that this is the second petition for bail. Hence, he vehemently opposed to grant bail to the petitioner.
5. It is brought to the notice of this court that the petitioner refused to engage a legal-aid counsel on his side. On seeing the facts, it reveals that the petitioner is hailing from Bihar state, and totally two accused and one of accused was convicted by the Juvenile Justice Board and the petitioner is aged about 29 years and also the fact that pending trial, if he is released on bail, he will abscond and drag on the matter, and also considering the fact that there is no change of circumstances and the offence is grave in nature,
this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, trial judge is directed to dispose the case within a period of three months from the date of receipt of copy of this order.
09.11.2022 rpp
T.V.THAMILSELVI, J.
rpp 09.11.2022