C.Prabhu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5951 of 2022 C.PRABHU [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.

CRIME NO.35 OF 2022.

For Petitioner : M/S.C.DEEPAK KUMAR 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 offences under Sections 294(b), 323, 353, 435 and 506(2) of IPC, in Crime No.35 of 2022, seeks anticipatory bail.

2.

The petitioner herein is one of the four accused who have leveled the Government poramboke land and when the Village Administrative Officer i.e., the defacto complainant, on seeing their illegal act of grabbing the land, questioned them, immediately, one Mariyappan had snatched the cell phone of the defacto complainant and threatened the defacto complainant and his Assistant with dire consequences. The other three persons, who were with the said Mariyappan, assaulted the defacto complainant and his Assistant viz., N.Kumar and chased them away. The defacto complainant reported the matter to the Revenue Inspector and Tahsildar and along with them, when he came back to the scene of occurrence, the accused persons have removed the JCB vehicle and left the place.

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3.

The learned Government Advocate (Crl.Side), opposed grant of anticipatory bail on the ground that the petitioner along with others, with the intention to grab the Government poramboke land were trying to level it with JCB. When the Village Administrative Officer questioned it, they attacked the Village Administrative Officer and his Assistant and prevented the Government servant from discharging their duty. The petitioner is still at large and unless and until he secured and interrogated, the other absconding accused could not be secured and the JCB involved in the crime is yet to be seized. 4.

Considering the above facts, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 15/03/2022 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 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges CRL OP.5951/2022 Date :15/03/2022 JPA 24/03/2022 https://hcservices.ecourts.gov.in/hcservices/