Manthiramoorthy v. Iop, Tiruvarur District

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.87 of 2022 on the file of the respondent Police.

2. The case of the prosecution as per the de-facto complainant, Sub-Inspector of Police, is that on 23.03.2022, while the de-facto complainant and his team were on their usual rounds, they found the accused in a suspicious circumstances and when they attempted to apprehend the accused, the accused attempted to attack the de-facto complainant with knife and fortunately, the de-facto complainant escaped from the attack and apprehend the accused and brought him to the respondent Police Station. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he would further submit that reading

of the First Information Report would show that it is the foisted case against the petitioner, registered only in order to keep him in continued detention. He would also submit that later, the petitioner was detained under Act 14. He would further submit that the petitioner is prepared to abide by any stringent condition imposed by this Court and he is ready to furnish sufficient sureties and thereby, he prays for grant of bail to the petitioner.

4. Per contra, the Learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is a habitual offender against whom there are 6 previous cases, out of which, two are for the offence under Section 302 IPC and in which, he has been acquitted in one case and the another case in Crime No.513 of 2015 is now stands posted for examination of Investigating Officer on 29.09.2022 and thereby, he would strongly object that if the bail is granted to the petitioner at this stage, there is every possibility of the petitioner to abscond and it would also derail the trial. Hence, he vehemently oppose for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner 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 and the submissions made by the learned Government Advocate (Crl.Side) that there are 6 previous cases against the petitioner and also considering that the case in Crime No.513 of 2015 is now posted for examination of Investigating Officer, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

26.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 26.09.2022