Madras High CourtCRL OP/2427/2021dismissed

Madhan v. State Rep By

2021-02-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2427 of 2021 Madhan ... Petitioner -VsThe State Rep by, The Inspector of Police, Tiruttani Police Station, Tiruvallur District-631 209.

(Crime No.2726 of 2020) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.2726 of 2020 is pending on the file of the respondent police.

For Petitioner : Mr.A.Gopinath For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The 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 147, 148, 294(b), 307 of IPC r/w 109 of Cr.P.C., in Crime.No.2726 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.This is the second anticipatory bail application before this Court. The case of the prosecution is that the petitioner along with other accused persons had abused and attacked the defacto complainant's groups and caused grievous injuries. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that co-accused has already been granted bail. He would further submit that the name of the petitioner is not found in the FIR and he prays to grant anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor submits tha the petitioner along with other accused persons had abused and attacked the defacto complainant's groups and caused grievous injuries. He would further submit that earlier murder of this petitioner's close relatives, it reveals that the petitioners had attacked the defacto complainant with deadly weapons and caused serious injuries. He would further submit that A4 has been arrested and remanded to judicial custody. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has involved in very serious offence and one of the accused has already been arrested and remanded to judicial custody, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/02/2021 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 JUDICIAL MAGISTRATE COURT, TIRUTTANI, TIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, TIRTTANI POLICE STAION, TIRUVALLUR DISTRICT-631 209 CC to M/S.A.GOPINATH Advocate on payment of necessary charges Sr.1988 CRL OP.2427/2021 Date :19/02/2021 RVR 08/03/2021 https://hcservices.ecourts.gov.in/hcservices/