MAYILRAJ Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 26/5/2023, for the offences punishable under Ss. 324, 341, 457, 506(ii) of IPC altered into 120(b), 341, 307 of IPC r/w 114, 326 and 427 of IPC in Crime No.604 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution as per the defacto complainant / Senthikumar is that on 16/12/2022, while he was driving his Alto Car, bearing Registration No.TN 33 AP 8889 from his house towards Nalroad of Nathakadaiyur, some unknown persons, who have come in a rash and negligent manner in a Tipper Lorry while crossing, has dashed the car, due to which, the defacto complainant had followed the vehicle. While so, the said persons have driven the lorry slowly and later, came in a opposite direction and again dashed his Car. When the same was questioned by the defacto complainant, one Venkatesh, who is known to the defacto complainant, had instigated the driver to run the lorry over the defacto complainant and he had also assaulted the defacto complainant with hammer. During such time, his lungi fell down and that the defacto complainant has picked up the hammer and the said Venkatesh along with the lorry driver had run away from the scene of occurrence. Since the defacto complainant had given a complaint against the accused person for smuggling, the accused, in a preplanned manner, had attempted to commit murder of him. Hence, the case.

(3.) Learned counsel for the petitioner would submit that this is the second application for bail filed by the petitioner before this Court and this Court had dismissed the earlier bail application in Crl.O.P.No.13348 of 2023 vide order dtd. 26/6/2023 on the ground that the investigation was on the initial stage. He would further submit that now the investigation has been completed and the final report has been filed and the matter is pending committal in P.R.C.No.8 of 2023 on the file of learned Judicial Magistrate, Kangayam. He would further submit that the petitioner is in custody from 26/5/2023. He would further submit that the petitioner has no previous case. Therefore, he prayed for grant of bail to the petitioner.