Madras High CourtCRL OP/21305/2023dismissed

Bala@Balakrishnan v. State Rep.By

2023-09-14Honourable Mr Justice G. Chandrasekharan4 pages

Crl.O.P.No.21305 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Bala @ Balakrishnan, who was arrested and remanded to judicial custody on 18.08.2023 for the offences under Sections 147, 148, 294(b), 341, 323, 324, 506(ii) & 307 of IPC in Crime No.174 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he is falsely implicated in a case registered in Crime No. 174 of 2023 for the offences under Sections 147, 148, 294(b), 341, 323, 324, 506(ii) & 307 of IPC in Crime No.174 of 2023. Petitioner is in Judicial Custody from 18.08.2023. Thus, he seeks bail to the petitioner.

3. In response, learned Additional Public Prosecutor submitted that, there is a previous enmity between the defacto complainant and one Mahesh. As a sequel, on 17.08.2023, at about 06.30.p.m., when the defacto complainant was standing near L.I.G Flat's entrance, few persons case in an auto and in a bike. They were Mahesh and others. They started 1/4

attacking the defacto complainant with hands and knife and caused grievous injuries. As far as this petitioner is concerned, he has also attacked the defacto complainant with deadly weapon. Apart from this case, petitioner has following 11 previous cases pending against him:

1) J6 Thiruvanmiyur Police Station Crime No.397 of 2009 under Section 397 of IPC

2) J6 Thiruvanmiyur Police Station Crime No.729 of 2009 under Section 147, 148, 323, 324, 506(ii) of IPC

3) J6 Thiruvanmiyur Police Station Crime No.1029 of 2009 under Section 392 of IPC

4) J6 Thiruvanmiyur Police Station Crime No.1042 of 2009 under Section 397 of IPC

5) J6 Thiruvanmiyur Police Station Crime No.1027 of 2013 under Sections 341, 336, 307, 506(ii) of IPC 6.) S7 Madipakkam Police Station Crime No.397 of 2009 under Section 397 of IPC

7) J6 Thiruvanmiyur Police Station Crime No.159 of 2017 under Section 8(c) read with Section 29(b)(ii)(c) of NDPS Act

8) J6 Thiruvanmiyur Police Station Crime No.155 of 2023 under Sections 8(c) read with Section 20(b) (ii)(c) of NDPS Act

9) J6 Thiruvanmiyur Police Station Crime No.86 of 2019 under Sections 294(b), 392 read with Section 397 , 394 and 506(ii) of IPC.

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10) J6 Thiruvanmiyur Police Station Crime No.35 of 2021 under Sections 341, 294(b), 384, 506(ii) of IPC

11) J6 Thiruvanmiyur Police Station Crime No.13 of 2022 under Sections 341, 294(b), 384, 506(ii) of IPC

3. Considering the nature of allegations made against the petitioner and others and also the fact that, petitioner has multiple previous cases pending against him and the investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

4. Accordingly, this Criminal Original Petition is dismissed. 14.09.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.21305 of 2023 14.09.2023 4/4