Samuraj @ Gurudev v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9797 of 2020 Samuraj @ Gurudev ... Petitioner Vs.

State Rep. by The Inspector of Police, Omalur Police Station, Salem District.

(Crime No.773/2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.773 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Senthilkumar 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 alleged offences punishable under Sections 294(b), 353 and 506(i) of IPC r/w Section 3(2)(1) of the Epidemic Diseases (Amendment) Ordinance 2020, in Crime No.773of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner on 26.04.2020 at about 11.00 p.m. due to some dispute arose between him and the staff of the Hospital, has caused disturbance to the Medical Officers and Nurses and he also abused and threatened them, who treated the Covid 19 patients at the Government Hospital, Omalur. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has taken treatment for his tooth and he has not committed any offence as alleged by the prosecution. He would further submit that even as per the FIR registered by the respondent police, there was no injury to anyone at the Hospital. Hence, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is a political party and he abused and threatened the Medical Officers and Nurses, who are treating the Covid 19 patients at the Government Hospital, Omalur and caused disturbance to them. There was agitation by the petitioner and as per the direction of the District Collector, the present case was registered against him. The earlier anticipatory bail applications filed by the petitioner were dismissed by this Court twice and this is the third petition filed by him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that there was a dispute between the petitioner and the staff of the Hospital, for which, the petitioner abused and also threatened the Medical Officers and Nurses, who are treating the Covid 19 patients that too in the pandemic situation of Covid 19. Therefore this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this petition is dismissed.

-sd/- 01/07/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, OMALUR POLICE STATION, SALEM DISTRICT.

CC to M/S. M.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.9797/2020 Date :01/07/2020 MK:06/08/2020 https://hcservices.ecourts.gov.in/hcservices/