P.S.Deivaraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9918 of 2020 1.P.S.Deivaraj 2.Ramesh 3.Sathish @ Sathishkumar 4.Narander 5.Prabu ... Petitioners Vs.

The State rep. by The Inspector of Police, Tiruchengode Town Police Station, Namakkal District.

Crime No.824 of 2020.

...Respondent

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest in Crime No.824 of 2020 pending on the file of the respondent police. For Petitioners : Mr.C.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 447, 427, 294(b), 323, 324 and 506(ii) of IPC in Crime No.824 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner and the defacto complainant are close relatives and there was a previous enmity between them. While so, on 28.06.2020, a quarrel aroused between them. During the quarrel, the petitioners have assaulted the defacto complainant and caused grevious injuries. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent and a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that during the quarrel, the petitioners have joined together and brutally assaulted the defacto complainant with wooden lock and iron rod. He further submitted that the victim is still taking treatment in the hospital and there are two previous cases pending against the first petitioner. However, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and first petitioner has got two previous cases and further the victim is still taking treatment in the hospital, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 15/07/2020 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, TIRUCHENGODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLOICE, TIRUCHENGODE TOWN POLICE STATION, NAMAKKAL DISTRICT.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.9918/2020 Date :15/07/2020 cs 17/08/2020 https://hcservices.ecourts.gov.in/hcservices/