U.Prabhu v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN U.Prabhu ... Petitioner/Accused Vs.

State represented by The Inspector of Police, M-2 Madhavaram Milk Colny Police Station, Chennai - 600051.

(Crime No.795 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police pending investigation in Crime No.795 of 2020 on the file of the Inspector of Police, M-2 Madhavaram Milk Colony Police Station, Chennai District. For Petitioner :

Mr.A.Arun Kumar For Respondent :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323 and 506(i) of IPC in Crime No.795 of 2020, seeks anticipatory bail.

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The case of the prosecution is that on 04.06.2020, when the defacto complainant along with his friend proceeding in the Mannady Street, the petitioner and his associates restrained them and assaulted with hand. The defacto complainant has sustained injuries. They also attempted to assault with liquor bottle to the defacto complainant's friend but he is escaped from that assault. Hence, the complaint. The learned counsel appearing for the petitioner would submit that the petitioner and his associates while standing in the Mannady Street, the defacto complainant and his associates came behind them and voluntarily teased and started altercation with the petitioner and his associates and assaulted each other with hand. The petitioner has also assaulted the defacto complainant and his associates.

He further submitted that the petitioner and his associates have also given the complaint but the respondent has refused to do so. Hence, he seeks bail to the petitioner. The learned Additional Public Prosecutor would submit that the petitioner has involved in four previous cases, out of which, one is murder case. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

Considering the above facts and circumstances and also the previous antecedents of the petitioner that he is involved in four previous cases including one murder case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed. 23.03.2020 Internet: Yes Index: Yes/No Speaking/Non-speaking order Dua 3/4

G.K.ILANTHIRAIYAN. J, Dua To 1.The Inspector of Police, M-2 Madhavaram Milk Colny Police Station, Chennai - 600051.

2.The Judicial Magistrate cum District Munsiff at Madhavaram. 3.The Public Prosecutor, High Court, Madras.

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