Madras High CourtCRL OP/2441/2021dismissed

Parthipan v. State Rep By

2021-02-24Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.2441 & 2673 of 2021 PARTHIPAN [PETITIONER/ACCUSED A-3] IN BOTH THE PETITIONS Vs STATE REP BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS E-3, SARAVANAMPATTI POLICE STATION, COIMBATORE CRIME Nos.1261 & 1586 of 2020 For Petitioner : M/S.MOHAMMED AASIF Advocate IN BOTH THE PETITIONS For Respondent : M/S. S.KARTHIKEYAN, Additional Public Prosecutor IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- COMMON ORDER The petitioner, apprehending arrest at the hands of the respondent police in connection with a case registered in Crime No.

1261 of 2020 for the alleged offence under section 75(a) (c) of Tamil Nadu City Police Act, 1888 @ Section 147, 148, 323, 397 and 506 (ii) of IPC and in Crime No.1586 of 2020 for the alleged offence under Section 75(1)(c) of The Tamil Nadu City Police Act, 1888 and Sections 147, 148, 387 and 506(ii) of IPC, has come forward with these petitions seeking anticipatory bail.

2. In Crime No. 1261 of 2020, there are totally three accused involved in this case and the petitioner has been arrayed as A3. The allegation is that the petitioner and the other accused waylaid the de facto complainant and by brandishing deadly weapons robbed a sum of Rs.40,000/- from him.

3. In Crime No.1586 of 2020 also, there are totally three accused and the petitioner has been arrayed as A3. The allegation in this case is that the petitioner along with the other accused entered https://hcservices.ecourts.gov.in/hcservices/

into a gambling dun and extorted a sum of Rs.3,50,000/- from the gamblers

4. The learned counsel for the petitioner would submit that the de facto complainant and the petitioner are known to each other. The petitioner is innocent of the alleged offence and he has falsely implicated.

5. The learned Additional Public Prosecutor would submit that the petitioner is a habitual offender and he has another case of similar nature registered against him apart from these two cases.

6. Considering the nature and the gravity of the offence and also the alleged involvement of the petitioner in another case apart from these two cases, this court is of the considered view that it is not a fit case for the grant of anticipatory bail as there is every possibility of repeating the offence by the petitioner, if he is released on bail. Thus, the Criminal Original Petition deserves only to be dismissed and the same is dismissed accordingly. -sd/- 24/02/2021 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, E-3, SARAVANAMPATTI POLICE STATION, COIMBATORE.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.MOHAMMED AASIF Advocate on payment of necessary charges CRL OP.2441 & 2673/2021 Date :24/02/2021 https://hcservices.ecourts.gov.in/hcservices/ MN-10/03/2021