Madras High CourtCRL OP/1394/2021dismissed

Udhaya Kumar v. State Rep By,

2021-02-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.1394 of 2021 UDHAYA KUMAR [PETITIONER/ACCUSED-5] Vs STATE REP BY, [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, TIRUTTANI POLICE STATION, TIRUVALLUR DISTRICT.

CRIME NO.2726/2020.

For Petitioner : M/S.G.P.SIVAKUMAR Advocate For Respondent : M/S.S.KARTHIKEYAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 307 and 109 of IPC, in Crime No.2726 of 2020, seeks anticipatory bail.

2. Totally there are 7 accused in this case and the petitioner is A5 . It is alleged that due to previous enmity, the petitioner along with other accused assaulted the defacto complainant with knife and thereby he sustained grievous injuries on the head. Hence the case came to be registered.

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. Hence he prays to grant anticipatory bail to the petitioner.

4. he learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and one of the accused is still in jail. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned additional public prosecutor, that the petitioner is a habitual offender and one of the accused is still in jail, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/02/2021 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 INSPECTOR OF POLICE, TIRUTTANI POLICE STATION, TIRUVALLUR.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges CRL OP.1394/2021 Date :16/02/2021 EP-02/03/2021 https://hcservices.ecourts.gov.in/hcservices/