Arun@Arun Hassain v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24204 of 2021 ARUN @ ARUN HASSAIN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4, THUDIYALUR POLICE STATION, COIMBATORE DISTRICT.

(CR.NO.1465 OF 2021) For Petitioner : M/S.K.BALASUBRAMANIAM 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 30.11.2021 for the offences under Sections 147, 148, 294(b), 307 and 506(ii) of IPC, in Crime No.1465 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant is running a cable business and his friend named one Sathish is running a bakery. The said Sathish's friends namely Karthi and Jinnah were having a dispute in sharing the profit and loss in their business. Hence, on 21.10.2021 at about 9.45 hrs. the said Sathish along with the defacto complainant went to compromise them. At that time, all of a sudden, the accused assaulted the deacto complainant with knife due to which, he sustained blood injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that https://hcservices.ecourts.gov.in/hcservices/

some of the co-accused have been granted bail by the lower Court and one of the accused/ A5 has been granted bail by this Court and that the petitioner has been suffering incarceration for more than 40 days from 30.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is a history sheeter and he has got 23 previous cases and if he is released on bail, there is every possibility of the petitioner getting abscond and the investigation would be stalled.

5. On seeing the nature of offence and the antecedents of the petitioner, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/12/2021 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, M-4, THUDIYALUR POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.BALASUBRAMANIAM Advocate on payment of necessary charges CRL OP.24204/2021 Date :13/12/2021 CSK 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/