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Madras High CourtCRL OP/27827/2022dismissed

Ezharai @ Rajkumar v. The State Rep By Its,

2022-11-15Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 07.10.2022, for the offences punishable under Sections 294(b), 341, 324, 506(ii) and 307 IPC in Crime No.329 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.08.2022, the petitioner along with the other accused waylaid the de-facto complainant and his friend, while they were coming back to their home from work, and by abusing them in a filthy language, assaulted with wooden logs, causing injuries and also threatened with dire consequences, thereafter, escaped from the scene of occurrence. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 07.10.2022 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 submitted that the petitioner is a history sheeted rowdy in H.S.No.15/2019, against whom there are 7 previous cases including the offence under Section 302 IPC. He further submitted that as far as this case is concerned, the injured have been discharged from the hospital on 17.08.2022, however, he vehemently opposed to grant bail to the petitioner.

5. The previous cases against the petitioner are tabulated hereunder:- S.No PS Crime No.

Sections 1.

Thermal 187/2017 294(b), 323, 324, 341, 352, 506(ii) IPC 2.

Thermal 43/2018 120(B), 147, 148, 149, 302 IPC 3.

Thermal 136/2018 294(b), 324, 506(ii) IPC 4.

Thermal 145/2019 7(1)(a) CLA Act 5.

Thermal 07/2020 294(b), 324, 323, 506(ii) IPC

S.No PS Crime No.

Sections 6.

Thermal 18/2020 294(b), 324, 506(ii) IPC 7.

Thermal 38/2020 294(b), 387, 506(ii) IPC r/w 3 of PPD Act

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.

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the fact that 7 previous cases including the offence under Section 302 IPC are 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.

15.11.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 15.11.2022