Logesh v. State The Inspector Of Police

Crl.O.P.No.22726 of 2022 A.D.JAGADISH CHANDIRA , J.

The petitioners, who were arrested and remanded to judicial custody on 01.09.2022 for the offences punishable under Sections 294(b), 323, 324 & 506 (ii) of IPC, in Crime No.289 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution as per the defacto complainant is that during the Vinayagar Chathurthi procession, the petitioners, in inebriated condition, have brutally assaulted the nephew of the defacto complainant resulting in him sustaining injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that there was a wordy quarrel and an exaggerated complaint has been given as against the petitioners. He would also submit that the injured has been discharged from the Government Hospital. Therefore, he prays for grant of bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioners during the Vinayagar Chathurthi procession in inebriated condition assaulted the defacto complainant's nephew with wooden logs resulting in him sustaining grievous injuries and the victim has been discharged from the Government hospital. However, he would further submit that due to the injuries suffered in the throat, the vocal cord of the victim has been affected and the victim is still taking treatment in a private hospital for the same. He would also submit that the 2nd petitioner has got a previous case of similar nature and the 1st petitioner has no previous case against him. Hence, he vehemently opposed to grant bail to the petitioners.

5. Heard both the learned Counsel 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 and that the petitioners have been arrested only on 01.09.2022 and that the victim is still taking 2/4

treatment in a private hospital for his damage in the vocal cord, this Court is not inclined to grant bail to the petitioners.

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

27.09.2022 rgi 3/4

A.D.JAGADISH CHANDIRA , J.

rgi Crl.O.P.No.22726 of 2022 27.09.2022 4/4