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Madras High CourtCRL OP/26585/2022dismissed

Vengiyan v. Inspector Of Police

2022-11-04Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 29.09.2022, for the offences punishable under Sections 294(b), 323, 307, 506(ii) IPC, in Crime No.715 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to the previous enmity, the petitioner along with the other accused abused the de-facto complainant in a filthy language and assaulted him with knife and hands, causing injuries on him and also threatened with dire consequences. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and due to the previous enmity, a false complaint has been lodged as against him. He would also submit that

the injured has also been discharged from the hospital. He would also submit that the petitioner is in custody from 29.09.2022 and he is ready to abide by any stringent conditions that may be imposed on him and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that due to the previous enmity, the petitioner along with the other accused, abused the de-facto complainant in a filthy language and assaulted him with knife and hands, causing injuries on him and also threatened him with dire consequences. He would also submit that though the injured is stated to have been discharged from the hospital, the accused are local rowdy elements and as far as the present petitioner is concerned, 8 previous cases including the offence under Section 397 IPC are pending against him out of which one is of similar in nature, therefore, he vehemently oppose for grant of bail to the petitioner.

5. The details of the previous cases are tabulated hereunder:- S.No. Police Station Crime No.

Offences 1.

P3 Vyasarpadi 321/2016 294(b), 307, 341, 506(ii) IPC 2.

P3 Vyasarpadi 559/2018 341, 397, 506(ii) IPC 3.

P3 Vyasarpadi 563/2018 294(b), 323, 341, 397, 506(ii) IPC, 3 of TNPPDL Act 4.

P3 Vyasarpadi 3/2019 294(b), 336, 341, 397, 506(ii) IPC & 3 of TNPPDL Act 5.

P3 Vyasarpadi 534/2020 427, 506(ii) IPC 6.

P3 Vyasarpadi 603/2020 294(b), 324, 427, 506(ii) IPC 7.

C1 Flower Bazaar 749/2020 392 IPC 8.

P5 MKB Bagar 16/2021 341, 294(b), 323, 397, 506(ii) of IPC

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

A.D.JAGADISH CHANDIRA , J.

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7. Taking into consideration the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.Side) and also considering the previous cases pending as against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed for the present.

04.11.2022 ham