Riyas v. State Rep By

Crl.O.P.No.22260 of 2023 Crl.O.P.No.22260 of 2023 C.V.KARTHIKEYAN,J.

The petitioner, who was arrested and remanded to judicial custody on 21.07.2023 for the offences punishable under Sections 147, 148, 341, 307 and 302 IPC, in Crime No.686 of 2023, seeks bail. 2.The case of the prosecution is that the defacto complainant had approached the accused persons to sell a mobile phone. They humiliated him by stating that the mobile phone was a stolen one. When the defacto complainant came with his brother, all the accused joined together and assaulted the defacto complainant and his brother. The brother of the defacto complainant died and the defacto complainant however escaped and got serious injuries on his head.

3. The learned counsel for the petitioner states that the petitioner had no motive and it was the other accused, who had assaulted the deceased and the defacto complainant. The learned counsel also stated that the petitioner was not at all in the scene of crime. It is also contended that he had been in custody for substantial period of time and prayed for grant of bail for the petitioner. C.V.KARTHIKEYAN,J.

1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.22260 of 2023 mkn2/sli 4.It is stated by the learned Government Advocate (Crl.Side) that three of the accused had been detained under Act 14 of 1982 and two of the accused are Juvenile and they were granted bail and the other two accused are still in custody.

5.Taking into consideration that the injured is the defacto complainant and his evidence is required and to prevent further threatening of the witness/defacto complainant, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition stands dismissed. 11.10.2023 mkn2/sli Crl.O.P.No.22260 of 2023 2/2 https://www.mhc.tn.gov.in/judis