Madras High CourtCRL OP/22165/2021dismissed

Joseph @ Shoba v. State Rep By

2021-11-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22165 of 2021 JOSEPH @ SHOBA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT (CRIME NO.585 OF 2021) For Petitioner : M/S.S.CHANDRASEKAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 14.10.2021 for the offences under Sections 294(b), 323, 506(2) and 307 IPC, in Crime No.585 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.10.2021 at about 9.50 p.m., there was a quarrel between the defacto complainant's brother and the accused persons. At that time, the petitioner stabbed the victim with knife. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 40 days from 14.10.2021 and hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner along with two others attacked the victim with knife due to which, he sustained grievous injuries. Though, the victim has been discharged from the hospital, he suffered 15 sutures in his stomach.

5.On seeing the grave nature of offence and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/11/2021 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, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT 2 THE OFFICER INCHARGE, SUB-JAIL, MADURANTHAKAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.CHANDRASEKAR Advocate on payment of necessary charges SR.NO.13914 CRL OP.22165/2021 Date :24/11/2021 JPA 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/