Captain Prabakaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9310 of 2020 1.CAPTAIN PRABAKARAN, S/o.Adhimoolam, 2.SIVASHANKARAN, S/o.Adhimoolam, 3.RAJENDIRA RAJ @ RAJ, S/o.Dayalan, All are residing at, Kanguppam Village, K.V.Kuppam, Vellore District.

... Petitioners/Accused No.1 to 3 Vs.

State Rep. by Inspector of Police, K.V.Kuppam Police Station, Vellore District.

... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.354 of 2020 on the file of the respondent police.

For Petitioners : Mr.E.Kannadasan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections under sections 147, 148, 294(b), 323, 324, 332, 307 of I.P.C. in Crime No.354 of 2020, seek anticipatory bail.

2. The petitioners in this case are ranked as A-1 to A3. The case of the prosecution is that on 08.06.2020 at about 09.00 p.m., when the defacto complainant and two other persons namely Home Guard and Friends of Police persons on routines rounds, they received secrete information that some persons were playing cards at Mahadevar Foothills, back side of Guest House. On receipt of intimation, they went there and found some groups of people were playing cards and asked them to go to their home, in turn the 1st petitioner abused the defacto complainant with filthy language and attacked him with stone on his head and other persons who were in the gang, taken the Lathi from the

defacto complainant and assaulted him on his head and all over his body and other 2 persons who accompanied with the defacto complainant. Thereafter he went to private hospital for taking first aid, after taking treatment he was referred to G.H. Gudiyatham, while he was in the hospital, his statement was recorded. Based on his statement case was registered against the petitioners and others.

3. Heard both sides.

4. Considering the facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners. When this Court is about to dismiss the petition, the learned counsel appearing for the petitioners seeks permission to withdraw the petition.

5. Recording the submission made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn. 25.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order jrs

G.K.ILANTHIRAIYAN, J jrs To 1.The Judicial Magistrate, Katpadi.

2. The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.9310 of 2020 25.06.2020