← Library
Madras High CourtCRL OP/30063/2022dismissed

Deva @ Deva Arockiam v. State Rep By

2022-12-06Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI,J.

The petitioner who was arrested and remanded to judicial custody on 24.11.2022 for the offence punishable under Sections 341, 448, 385, 307 and 506(ii) IPC r/w 3 (1) of TNPPDL Act in Cr.No.308 of 2022, seeks bail.

2. The case of the prosecution is that the defacto complainant is the Plant Head in Daejoo Company, situtated at Kilacherry Village. The allegation against the petitioner is that he demanded the owner of the said company to give contract work and also demanded Rs.10 lakhs as mamool. The further allegation is that on 22.11.2022, the petitioner dug the way to the company by using JCB by engaging another and on 23.11.2022, he also damaged the public way using JCB and he had also attempted to hit the defacto complainant and also threatened him with dire consequences. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that no one

is injured in the said quarrel and that there is no altercation between the parties and that the petitioner is suffering incarceration for more than 10 days. Hence prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) would submit that there are totally three accused and all the three have been arrested and remanded to judicial custody. He would submit that the petitioner has got five previous cases and also that the investigation is at initial stage. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Taking into account the fact that the investigation is at initial stage and that apart from this case, the petitioner has similar set of previous cases, in which some of the cases were ended in compromise and quashed, this court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. 06.12.2022 anu T.V.THAMILSELVI, J.

anu 06.12.2022