Veerappan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10028 of 2020 Veerappan ... Petitioner Vs.
The State represented by The Inspector of Police, Kolathur Police Station, Salem District.
Crime No. 48 of 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. 48 of 2020, on the file of the Respondent Police.
For Petitioner : Mr.S.Udayakumar 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 147, 448, 323, 365, 342, 379, 506(ii) of I.P.C. in Crime.No. 48 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons entered into the house of the defacto complainant and attacked him with wooden log for the reason that he conducted marriage of one Elamathi with other community boy on 09.03.2020.
3. The learned counsel for the petitioner would submit that the petitioner related to the bride family. The defacto complainant had conducted marriage for one Elamathi with one Selvam both belong to different community in his house at Kaavalandiyur Village. When it was was questioned by other accused persons, there was some wordy quarrel and as such the defacto complainant sustained grievous injuries. Insofar as the petitioner is concerned, he never attacked the defacto complainant as alleged by the prosecution and as such he sought for anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons entered into the house of the defacto complainant and attacked him with wooden log for the reason that he conducted marriage of one Elamathi with one Selvam belongs to other community on 09.03.2020. After assaulting the petitioner and other accused kidnapped the defacto complainant and brought to Karungallur Village and attacked with wooden log and caused injuries. Further, he submitted that there are four previous cases in the name of the petitioner. The previous anticipatory bail petition filed by the petitioner was dismissed by this court. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. It is the second anticipatory bail petition filed by the petitioner herein. According to the case of the prosecution he along with other accused persons have attacked the defacto complainant with wooden log for the reason that the defacto complainant had conducted the marriage between one Elamathi and Selvam who were belongs to different communities. Further, after assaulting the defacto complainant he was forcibly kidnapped from his house and wrongfully confined them in the Government School premises and also assaulted with wooden log. The accused person also snatched his cell phone and threatened with their consequences. In fact, this Court has already dismissed the anticipatory bail petition and now there is absolutely no change of circumstances. Therefore, this court is not inclined to grant anticipatory bail to the petitioner. Hence, the petition stands dismissed.
-sd/- 03/07/2020 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, KOLATHUR POLICE STATION, SALEM DISTRICT.
CC to M/S. KARAN AND UDAY Advocate on payment of necessary charges CRL OP.10028/2020 Date :03/07/2020 MK:17/07/2020