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Madras High CourtCRL OP/20467/2023dismissed

Chinnaraja v. Inspector Of Police

2023-09-11Honourable Mr Justice G. Chandrasekharan5 pages

G.CHANDRASEKHARAN.

J.

The petitioner, who was arrested and remanded to judicial custody on 29.07.2023 for the offences punishable under Section 294 (b), 332, 307, 506 (ii) I.P.C and Section 3 (1) of PPD Act, 1984, in Crime No.401 of 2023 on the file of the respondent police, seeks bail. 2.It is the submission of the learned counsel for the petitioner that, petitioner is falsely implicated as an accused in Crime No.401 of 2023 for the offences Section 294 (b), 332, 307, 506 (ii) I.P.C and Section 3 (1) of PPD Act, 1984. Petitioner is in judicial custody from 29.07.2023. Thus, he prays for grant of bail.

3.In response, the learned Additional Public Prosecutor submitted that on 28.07.2023, at about 12.45 p.m., defacto-complainant as a driver of Tamil Nadu Transport Corporation had driven the bus bearing No.TN-25 N 0199 in route No.2-A from Arani New Bus Stand to Athavampadi. He reached Athvampadi at 2.20 p.m and returned to Arani at 03.50 p.m. In the next trip, he reached Athvampati at 7.55 p.m and again started to leave Arani at 08.05 p.m. Petitioner/Chinnaraj had come near the driver's seat and broken

the big glass window with stone. Then, he came through the front entrance of bus. Defacto-complainant asked him why he had broken the glass window. Petitioner responded by saying that he would do like that and started attacking the defacto-complainant with knife. As a result, defactocomplainant sufffered injury. He further submitted that petitioner has six similar previous cases pending against him. They are:- i)Cr.No.365 of 2018 u/s 294 (b), 324, 506 (ii) I.P.C - NTF ii)Cr.No.30 of 2021 u/s 294 (b), 323, 324, 427, 506 (ii) I.P.C. - PT iii)Cr.No.758 of 2021 u/s 294 (b), 323, 307 I.P.C - PT iv)Cr.No.880 of 2021 u/s 399 I.P.C - UI v)Cr.No.252 of 2022 u/s 7(1) (a) CAL Act -con vi)Cr.No.370 of 2022 u/s 294 (b), 341, 323, 324, 307, 506 (ii) I.P.C - PT.(Goondas) 4.Considered the rival submissions and perused the records. 5.Considering the nature of offence alleged to have been committed by the petitioner and the fact that petitioner has aforesaid previous cases pending against him, that investigation in this case is not

completed, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. 11.09.2023 ep

G.CHANDRASEKHARAN.

J.

ep

11.09.2023