Madras High CourtCRL OP/8914/2020dismissed

C.Vasanth v. Stare Rep By

2020-07-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8914 of 2020 C.Vasanth ... Petitioner Vs.

State Rep. By ... Respondent The Inspector of Police, Thirunindravur Police Station Thiruvallur District Cr. No.125 of 2020 Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.125 of 2020 on the file of the respondent police.

For Petitioner : M/s. T.Gnanabanu & G.Gubendiran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 384 and 506(i) of IPC in Crime No.125 of 2020 seeks anticipatory bail.

2. The case of the prosecution is that a complaint has been lodged by the defacto complainant on 20.03.2020 for the occurrence took place on 15.11.2019 alleging that the petitioner along with the other accused threatened the defacto complainant and also demanded Rs.5,00,000/-.

3. It is averred in the petition that the complaint has been lodged due to previous enmity. In fact, the defacto complainant has put up an illegal construction without any prior permission and plan and the petitioner has collected evidence through RTI and also made representation to the District Collector to take necessary action as against the defacto complainant on 17.03.2020. In fact he has also filed a Public Litigation Petition before this Court in W.P.(SR) No.36446 of 2020 and it is pending for admission. Due to this, a false complaint has been filed by the defacto complainant that the petitioner and the other accused demanded Rs.5,00,000/-.

4. The Additional Public Prosecutor would submit that the petitioner is a law student and he was involved in a murder case and it has been disposed of. He would further submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioner along with the other accused demanded Rs.5,00,000/- from the defacto complaiant to continue the construction put up by the defacto complainant and if the same is not paid he will file a writ petition before this Court and hence he vehemently oppossed to grant anticipatory bail to the petitioner.

5. It is seen that the petitioner along with the other accused person has demanded Rs.5,00,000/- from the defacto complainant to continue the construction and threatened the defacto complainant if the said sum is not paid, he would file a writ petition before this Court with regard to the construction put up by the defacto complainant. Further the petitioner was also involved in a murder case. Though it was completed, because of the bad antecedent and also the nature of the crime, this Court is not inclined to grant bail to the petitioner and hence, the petition stands dismissed.

-sd/- 02/07/2020 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 JUDICIAL MAGISTRATE NO.II, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUNINDRAVUR POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S T.GNANA BANU Advocate on payment of necessary charges CRL OP.8914/2020 Date :02/07/2020 MN-TA-29/07/2020 https://hcservices.ecourts.gov.in/hcservices/