Prakash v. The Inspector Of Police,

Crl.O.P.No.19182 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Prakash, who was arrested and remanded to judicial custody on 02.08.2023 for the offences punishable under Sections 457 and 398 of IPC in Crime No.242 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, there is a money dispute between the defacto complainant and the petitioner. Therefore, false complaint was given by the defacto complainant. Petitioner is in Judicial Custody from 02.08.2023. Thus, he seeks bail to the petitioner.

3. In response, the learned Additional Public Prosecutor submitted that, on 01.08.2023 at about 10.45.p.m., accused trespassed into the house of the defacto complainant with an intention to commit robbery. On seeing the accused, defacto complainant raised alarm. Accused had attacked the defacto complainant using knife. As a result, defacto complainant sustained grievous injuries. Investigation in this case is not completed.

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4. Considered the rival submissions and perused the records. It is seen from the wound certificate produced by the learned Additional Public Prosecutor that the defacto complainant /victim suffered following injuries:

i) Fracture Right Lamina Of C6 Vetebra ii) Fracture Right Lamina, Spinous Process Junction of D1 Vertebra iii) A Sutured Wound 3 cm in Length in the Right Arm. On Exploration 6 cm depth. Muscle Injured.

iv) A Sutured Wound 3 cm in Length over the right arm on exploration 6 cm depth. Muscle Injured.

v) A Sutured Wound 3 cm in Length in left side Nape of Neck. On exploration 10 cm in Depth. Muscle Injured.

vi) A Sutured Wound 3 cm in Lenth Right Side Nape on Neck. On Exploration 10 cm in Depth. Muscle injured.

vii) A sutured Wound 3 cm Length in the Right Supra scapular Region. On Exploration 10 cm in depth. Muscle injured. viii) A Sutured Wound 3 cm Length in the Right Occipital Region. On Exploration 10 cm Depth. Muscle injured.

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4. Considering the nature of the injuries suffered by the victim and the manner in which the offence is alleged to have been committed by the accused in this case and having regard to the fact that, investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 31.08.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

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