Akkeem v. 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.5967 of 2022 AKKEEM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR CITY.
(CR.NO.5 OF 2022) For Petitioner : M/S.C.S.SARAVANAN 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 section 394 I.P.C, in Crime No.5 of 2022 seeks anticipatory bail.
2. The case of the prosecution is that, on 01.01.2022 at early morning, three persons have knocked the door of the victims, and when one Rahul opened the door, the petitioner along with other accused wielded the knife and demanded his cell phone. When the said Rahul refused, one of the petitioners stabbed him in stomach causing cut injuries. On hearing his cry, the other occupants came to rescue, but, on seeing them the petitioners have flied from the scene of occurrence.
3.The Manager of Leelavathi Gardens has given a complaint regarding the incident, since the injured Rahul was admitted in the hospital for his cut injury and he was not able to speak.
4. The petitioner herein has come to this Court for apprehendin arrest in the said case, according to him, he is an innocent person and he has been wrongly roped in this case and the respondent police is searching him.
5. The learned Counsel for the petitioner submits that there were three cases were registered on the same day against this petitioner and in other two cases, he had already been granted bail. When he was in custody in other case, this case has been registered.
6. On going through the FIR and the submissions made by the learned Government Advocate (Crl.Side), this Court finds that the said cases are not relevant at all. Infact, on the day of New Year, early morning, three incidents of similar nature has occurred within the respondent police limit. The case were registered and the persons involved in the offences seems to be one and the same and further in this case, there is a cut injury to the occupant of the house and this has happened at 2.30 a.m in the Morning. The injured was admitted in the hospital and treated as In-patient and got discharged. Further, none of the persons involved in this case were arrested and they are all absconding. Therefore it cannot be a foisted case for statistics purpose as claimed by the petitioner herein, when a person got cut injury on his stomach and admitted in the hospital and treated as In-patient for two days in the hospital.
7. In view of the above submissions, this Court is of the view that the scene of the crime alleged to have been committed by the petitioner herein requires custodial interrogation of the petitioner for completing the pending investigation.
8. 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, TIRUPPUR NORTH POLICE STATION, TIRUPPUR CITY.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.5967/2022 Date :15/03/2022 CSK 24/03/2022