Manthiramoorthy v. The State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who was arrested and remanded to judicial custody on 23.08.2022 for the offences punishable under Sections 294(b), 353, 307, 120(b) of IPC r/w 25(1)(a), 27(2) of Arms Act, in Crime No.87 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution as per the de-facto complainant, Sub-Inspector of Police, is that on 23.03.2022, while the de-facto complainant and his team were on their usual rounds, they found the accused in a suspicious circumstances and when they attempted to apprehend the accused, the accused attempted to attack the de-facto complainant with knife and fortunately, the de-facto complainant escaped from the attack and apprehend the accused and brought him to the respondent Police Station. Hence the case.

3. Learned counsel for the petitioner submitted that this is the second bail application before this Court and the earlier application was

dismissed by this Court in Crl.O.P.No.22445 of 2022 vide order dated 26.09.2022 on considering the previous antecedents of the petitioner. He further submitted that this is the foisted case against the petitioner, registered only in order to keep him in continued detention, whereas, the petitioner was detained under Act 14. He also submitted that the petitioner is prepared to abide by any stringent condition that may be imposed by this Court and he is ready to furnish sufficient sureties and thereby, he prays for grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that this is the second bail application of the petitioner. He further submitted that the petitioner is a habitual offender against whom there are 6 previous cases, out of which, two are for the offence under Section 302 IPC and in which, he has been acquitted in one case and the another case in Crime No.513 of 2015 is now stands posted for judgement and thereby, he would strongly object that if the bail is granted to the petitioner at this stage, there is every possibility of the petitioner to abscond and it would also derail the

delivering the judgement. Hence, he vehemently oppose for grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering that the case in Crime No.513 of 2015 is now posted for judgement, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

25.11.2022

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A.D.JAGADISH CHANDIRA, J.

ham 25.11.2022