Granting bail based on completion of preliminary investigation, discharge of the injured victim, and formal objection of possible tampering with the investigation by the respondent.

JUDGMENT

(Prayer: The Criminal Original Petition is filed under Section 439 of Code of Criminal Procedure, to enlarge the Petitioner/Accused on bail pending investigation in Crime No.81 of 2022 on the file of the respondent.)

1. The Criminal Original Petition has been filed seeking to enlarge the Petitioner/Accused on bail pending investigation in Crime No.81 of 2022 on the file of the respondent.

2. The case of the prosecution, as evinced from the complaint lodged by the de facto complainant, Naresh Kumar, in brief, is as under:-

The de facto complainant belongs to ‘DMK’, a political party. In his capacity as such, he was watching the election process on 19.2.2022, at about 4.30 pm, by standing near the polling booth at Ward No.49, Kamaraj Matriculation School at Sanjeeviraya Kovil Street and by that time, the Former Minister Mr.D.Jayakumar alongwith 40 persons in 20 two wheelers, had come to the polling station with the AIADMK flag hoisted on his car, who had attempted to trespass into the polling booth. When the de facto complainant had questioned them, the Former Minister Mr.Jayakumar had abused him with filthy language and stating as to how dare he was to question a Former Minister, had instigated his associates to assault the de facto complainant. The persons, who had accompanied him viz., A.T.Arasu, Somu, Chandran and Logu and other had assaulted the de facto complainant and others, who could be identified, had also assaulted him with knifes, iron rods and wooden logs and attempted to murder him. The de facto complainant, in order to save his life, had attempted to run away from the place. At that time, the Former Minister and his associates A.T.Arasu, Somu, Chandran and Logu have caught hold of him, and assaulted him again and thereafter, removing his shirt, had tied his hands from behind and paraded him in a half naked manner like an accused and due to the assault, the de facto complainant had sustained injuries in the spine, left hand and right ring finger and the legs. The de facto complainant had fallen down unconscious and that his friends had saved him and taken him to the hospital.

3. Based on the complaint, initially, a case was registered for offences punishable under Sections 147, 148, 294(b), 153, 355, 323, 324 and 506(ii) of IPC and 4AA(1a), 4AA(4) of Tamil Nadu Open Places (Prevention of Disfigurement Act 1959) and after obtaining further statement, the case was altered into one for offences punishable under Sections 147, 148, 294(b), 153, 355, 323, 324, 506(ii) and 307 of IPC and 4AA(1a), 4AA(4) Tamil Nadu Open Places (prevention of Disfigurement Act 1959) and Section 66-E of I.T.Act in Crime No.81 of 2022 on the file of the respondent police. The petitioner was arrested on 21.2.2022 at 8.00 pm and remanded to judicial custody on the same day.

4. The grounds raised in the petition for grant of bail are as under:-

(i) For the occurrence alleged to have taken place on 19.2.2022 at about 4.30 pm the petitioner was arrested on 19.2.2022 at 6.00 pm itself, however, the FIR was sent to the learned Magistrate only on 22.2.2022 at about 12.10 am at the time of remand of the petitioner and thereby there a delay in sending the FIR to the court. Further, the offence under Section 307 IPC and section 66(E) of Information Technology Act which were not originally in the FIR was later included which creates much doubt about the case of the prosecution.

(ii) The petitioner being a Former Minister and the de facto complainant also being a party member of another party and a habitual offender, who has got more than ten criminal cases filed against him in the previous regime, the complaint is an outcome of mere political rivalry and a motivated one.

(iii) On the date of occurrence, the petitioner had received an information about fake/bogus voting by DMK party members and thereupon, he had visited the spot and he, alongwith his party members had prevented the fake/bogus voting and in such course of action, they had t