Dhanush Kumar @ Dhanush v. State Res By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 06.06.2024 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 307 of I.P.C. and later it was altered into Sec.147, 148, 294(b), 323, 324, 307, 302 of I.P.C. in Crime No.185 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is a building contractor and one of victims also residing along with him. Another victim is residing nearby the house of defacto complainant. They used to chat each other, wherein a dispute arose between them with regard to parking of vehicle. While so, on 20.04.2024 around 09.30 hrs., when the defacto complainant and victims chatting with each other, the petitioner along with other accused said to have waylaid them, picked up quarrel, as a result of which, abused them in filthy language and also attacked them with hands and also with deadly weapons. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that this is the second petition seeking for bail. He would submit that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by the respondent police and there is no property recovered from this petitioner. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 06.06.2024 for more than 83 days. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1 and totally, there are 10 accused involved in this case. He would submit that there are three previous cases pending against him, in which one case is registered under Sec.302 of I.P.C.. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner, due to previous dispute, he along with other accused have picked up quarrel with the defacto complainant, as a result of which, they abused him and also assaulted him, thereby he sustained grievous injury and the fact that there are three previous cases pending against him, in which one case is registered under Sec.302 of I.P.C. and the fact that at this stage, if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation and the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

29.08.2024 rpp

T.V.THAMILSELVI, J.

rpp 29.08.2024