Madras High CourtCRL OP/2998/2022dismissed

Sudhakar v. State Rep By

2022-02-11Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2998 of 2022 SUDHAKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSEPCTOR OF POLICE, ADAMPAKKAM POLICE STATION, CHENNAI DISTRICT.

CR.NO. 335 OF 2021.

For Petitioner : M/S. M.NAGOORMOIDEEN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 452, 427, 436 and 506(ii) IPC r/w Section 4 of TN Public Property (Prvnt. of Damage and Loss) Act, in Cr.No.335 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.10.2021, the petitioner along with other accused persons entered into the defacto complainant's house with knife and threatened with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays grant of anticipatory bail to the petitioner.

4. Mr.S.Santhosh, learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused persons caused damage to the tube lights in the defacto complainant's shop, thereby caused damage worth Rs.50,000/-. He would further submit that the petitioner (A7) has one previous case pending https://hcservices.ecourts.gov.in/hcservices/

against him. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. The submissions made by the learned counsel on either side are considered.

6.The averment found in the F.I.R. would go to show during the relevant point of time, for the death of one, Nagore Meeran, the petitioner and some other persons assembled together and damaged the property by using 'arival' and wooden log. They entered into other's house, wherein by putting the kerosene, threatened the house owners as if they are going to set on fire. The nature of offence committed by the petitioner is nothing but serious one. If this type of petitioner released on bail, they may try to tamper the witness and hamper the investigation. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this criminal original petition is dismissed. -sd/- 11/02/2022 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 INSEPCTOR OF POLICE, ADAMPAKKAM POLICE STATION, CHENNAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.NAGOORMOIDEEN Advocate on payment of necessary charges CRL OP.2998/2022 Date :11/02/2022 RVR 16/02/2022 https://hcservices.ecourts.gov.in/hcservices/