Nandagopal v. The State Rep.By
Crl.OP.No.21255 of 2023 G.CHANDRASEKHARAN, The petitioner namely Nandagopal, who was arrested and remanded to Judicial Custody on 13.07.2023 for the offences under Sections 294 (b), 324, 341, 307 and 506 (ii) I.P.C in Crime No.450 of 2023 on the file of the respondent police, seeks bail.
2. It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.450 of 2023 for the offences under Sections 294 (b), 324, 341, 307 and 506 (ii) I.P.C. He is in judicial custody from 13.07.2023. He further submitted that, even as per the FIR allegations, there is no intention on the part of the petitioner to cause injuries to the victim. Thus, he seeks bail.
3.The learned Additional Public Prosecutor strongly opposes this petition on the ground that on 12.07.2023, at about 10.30 p.m., when defacto-complainant's husband was in his office namely, Deva Freezer Transport, the accused came there and started a fight with her husband without any reason. He hit her husband with stone on head. As a result, her husband suffered serious head injury. He was admitted in hospital on 1/4
12.07.2023 and was discharged only on 28.08.2023. Petitioner is a history sheeter and has four previous cases pending against him as detailed below:- i)TS PS Cr.No.304/2019 u/s 147, 148, 294 (b), 324, 341, 506 (ii) I.P.C-ACQ ii)T5 PS Cr.No.1385/2022 U/s 294 (b), 324, 307, 506 (ii) I.P.C r/w 34 of TNPWH Act-PT iii)T5 PS Cr.No.698/2022 U/s 75 CP Act.
iv)T5 PS Cr.No.183/2023 U/s 75 CP Act.
v)T5 PS Cr.No.450/2023 U/s 341, 294 (b) 324, 307, 506 (ii) I.P.C-UI. 4.It is seen from the accident register, victim suffered contusion and punctured wound over B/L temporal region. B/L ear & nostril, oral cavity bleed.
5. As per the wound certificate issued by the MIOT Hosiptal, victim suffered following following injuries:
Traumatic head injury i)Right temporal lobe contusions ii) Right frontotemporal parietal sudural haemorrhage without significate mass effect Traumatic facial injury i)Fracture of anterior and posterior walls of left maxillary 2/4
sinus with hemosinus ii)Undisplaced fracture of frontal process of left zygomatic bone
6. It is seen that, this is the second bail petition filed by the petitioner. Earlier bail petition filed by the petitioner was dismissed on 04.09.2023 by considering the nature of injuries suffered by the petitioner and the multiple previous cases pending against the petitioner and that the investigation in this case is not completed. However, this Court finds that, there is no change of circumstances warranting reconsideration of the bail petition in favour of the petitioner. Not only that, if the petitioner is released on bail there is a possibility that, he may involve in committing similar offences and that he would threaten the victim and other witnesses. Thus, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 14.09.2023 sma G.CHANDRASEKHARAN, J.
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