Nawaz v. State Rep By

P.DHANABAL,J.

The petitioner/A1, who was arrested and remanded to judicial custody on 11.07.2024, for the offences under Sections 126(2) and 109 of the BNS Act, 2023 and under Sections 25(1)(a) of the Arms Act, 1959, in Crime No.393 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 11.07.2024, the petitioner, along with other accused, attempted to murder the de facto complainant and attacked the de facto complainant by Aruval and caused grievous injury to him. Hence the complaint.

3. Learned counsel appearing for the petitioner/A1 would submit that the petitioner is an innocent person, he has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 11.07.2024; that he is a law-abiding citizen; and that he is ready and willing to furnish substantial sureties for his due release on bail and 1/4

to abide by any conditions that may be imposed by this Court and therefore, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Criminal Side) for the respondent police submitted that the petitioner, along with other accused, attempted to murder the de facto complainant and attacked the de facto complainant by Aruval and caused grievous injury to him; He further submitted that the bail granted to the petitioner in the previous case was cancelled by the Sessions Court, Krishnagiri, vide its order dated 20.09.2024 in Crl.M.P.No.3530 of 2024. He further submitted that the investigation is at an initial stage. Hence, he vehemently opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by both sides, the grave nature of the offences charged against the petitioner, that the investigation is at an initial stage and also considering that the bail granted in the 2/4

previous case was cancelled by the Sessions Court, this Court is declining to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition stands dismissed. 23.09.2024 dk Copy to 1.The Judicial Magistrate -II, Hosur.

2. The Superintendent of Prison, Central Prison, Salem.

3.The Inspector of Police, Hosur Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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P.DHANABAL, J.

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