K.Alex Raja v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2021
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.715 of 2021 K.Alex Raja ... Petitioner Vs.
The State Rep. By,
...Respondent
The Inspector of Police, R-5, Virugambakkam Police Station, Virugambakkam, Chennai.
(Crime No.563 of 2020) Prayer:
Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.563 of 2020 on the file of the respondent police. For Petitioner : Mr.K.Jayakumar For Respondent : Mr.C.Iyyappa Raj, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 324, 341 and 506 (ii) IPC, in Crime No.563 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that due to previous motive, there was a wordy quarrel between the petitioner and the de facto complainant, the petitioner assaulted the de facto complainant with knife on his leg and neck, as a result of which, he sustained injuries. Hence, the complaint.
3. No representation for the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that this is 4th application for anticipatory bail. The allegation against the petitioner is that the petitioner assaulted the de facto complainant repeatedly with small knife and caused multiple injuries on his left leg and neck. He would submit that the de facto complainant had suffered 15 sutures on his neck and leg and later he was discharged on account of Corona Pandemic. He would further submit that this Court, finding that the petitioner has one previous case and that he was arrested and released on anticipatory bail very recently and immediately after his release, he had involved in subsequent offence, had dismissed the earlier application for anticipatory bail. He would submit that this court also imposed a cost of Rs.
1,000/- payable by the petitioner to the Hon'ble Chief Justice relief fund, Madras High Court. He would submit that though the victim is stated to have been discharged from the hospital, the petitioner has assaulted the de facto complainant indiscriminately resulting him sustaining 15 sutures and some of the injuries were on the vital part on his neck and thereby, he would oppose for grant of anticipatory bail.
5. Though this Court had dismissed four earlier applications for anticipatory bail, it is strange that the respondent police has not taken any steps to arrest the petitioner/accused. Further, admittedly as per the respondent prosecution, the petitioner is stated to have inflicted 15 injuries and some of the injuries were near the neck. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. The respondent police is directed to take appropriate steps to arrest the petitioner/accused.
-sd/- 22/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE METROPOLITAN MAGISTRATE, NO.XXIII, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, R-5,VIRUGAMBAKKAM POLICE STATION, VIRUGAMBAKKAM, CHENNAI.
5 THE SECTION OFFICER ACCOUNT SECTION CHIEF JUSTICE RELIEF FUND HIGH COURT, MADRAS.
CC to M/S.K.JAYAKUMAR Advocate on payment of necessary charges CRL OP.715/2021 Date :22/01/2021 TA-05/02/2021