Madras High CourtCRL OP/6766/2020dismissed

Bhuvaneshwari v. State Rep. By

2020-03-23Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6766 of 2020 1 BHUVANESHWARI [ PETITIONERS / ACCUSED ] 2 MITHUN DEEPAK CHAKRAVARTHY Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUMULLAIVOYAL POLICE STATION, THIRUVALLUR DISTRICT.

CR. NO.NOT KNOWN/2020 For Petitioner : M/S. D.MAGESH Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294 (b), 323 and 506(ii) of IPC, in Crime No.Not known of 2020, seek anticipatory bail.

2.The case of the prosecution is that, the petitioners borrowed a sum of Rs.80,000/- as loan from the defacto complainant. When the defacto complainant request to repay the loan amount, the petitioners refused to repay the amount borrowed. The petitioners abused and attacked the defacto complainant and also threatened him with dire consequences. Hence, the complainant.

3.Learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. Therefore, he prays for grant of anticipatory bail to the petitioners.

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4. Learned Additional Public Prosecutor would submit that there was a Civil dispute among the petitioners and the defacto complainant. He would also submit that the petitioners abused and attacked the defacto complainant and also threatened him with dire consequences. Hence, he opposed for grant of anticipatory bail to the petitioners.

5.Taking into consideration the nature of offence committed by the petitioners and also the submission made by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original petition stands dismissed.

-sd/- 23/03/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, THIRUMULLAIVOYAL POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S. D.MAGESH Advocate on payment of necessary charges CRL OP.6766/2020 Date :23/03/2020 MK:30/06/2020 https://hcservices.ecourts.gov.in/hcservices/