PRATHAF Vs. STATE

JUDGEMENT

(1.) The petitioner arrested and remanded to judicial custody in Crime No.105 of 2020 for the offence under Section 341 , 294(b) , 392 , 397 and 506(ii) IPC, seeks bail.

(2.) The case of the prosecution is that the defacto complainant Ismail, a Loadman in Vellore vegetable market on 11.05.2020 early morning at about 04.00 a.m., when he was passing under the railway over bridge, Chenbakkam, Vellore, a person aged about 30 years standing before him with motorcycle. The said person restrained the defacto complainant and proclaimed himself as Thottapalayam Prathaf/petitioner, claimed his name will treamble Vellore City. The petitioner forced the defacto complainant to part with money. When the defacto complainant stated that he did not have money, the petitioner took a knife and attempted to attack the defacto complainant on his stomach, at that time, the defacto complainant moved away and the knife tore apart his shirt. Had not the defacto complainant moved away, he would have got injured and lost his life, the petitioner took away Rs.2,400/- from his pocket. In fear the defacto complainant raised alarm, the people nearby rushed towards him, at that time, the petitioner brandishing his knife, threatened the public and escaped from the scene of occurrence. The defacto complainant at about 05.00 p.m., lodged a complaint. Hence, a case came to be registered in Crime No.105 of 2020.

(3.) The learned counsel for the petitioner submitted that the petitioner is falsely implicated in this case for statistical purpose and to detain him under Goondas. The defacto complainant is the handyman of the respondent who has given a false complaint. In this case, the petitioner was arrested on 11.05.2020 at about 09.30 a.m., he was badly beaten his right ankle and left hand was severely damaged. Due to which, he is taking treatment in the Government Hospital, Vellore. The petitioner is implicated on the premise that he belongs to Gangster of one Sasi @ Sasikumar. The petitioner is still suffering for the injuries and taking treatment. The petitioner studied BBA in St.Joseph College, Tiruchirapalli and due to the petitioner being implicated in one or other case his future has been jeopardised. Now the petitioner is in confinement for more than 61 days and he will abide any condition and cooperate with the investigation.