Madras High CourtCRL OP/10213/2020dismissed

Kutta @ Suresh @ Nizamuthin v. State Rep By

2020-07-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10213 of 2020 Kutta @ Suresh @ Nizamuthin ... Petitioner Vs.

State Rep by Inspector of Police, Vellore North Police Station, Vellore District.

(Crime No.1072 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.1072 of 2020 on the file of the Inspector of Police, Vellore North Police Station, Vellore District. For Petitioner : Mr.G.Vinoth 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 294(b), 323, 307 and 506(ii) of IPC, in Crime No.1072 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant along with this petitioner and others went to consume liquor, at that time, there was a wordy quarrel between the de-facto complainant's son and the accused persons, as a result of which, the petitioner along with others had attacked the de-facto complainant's son and caused injuries. Hence, the complaint was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the de-facto complainant along with this petitioner and others went to consume liquor, at that time, there was a wordy quarrel between the de-facto complainant's son and the accused persons, as a result of which, the petitioner along with others had attacked the de-facto complainant's son and caused injuries. He would further submit that there are two previous cases pending as against the petitioner and https://hcservices.ecourts.gov.in/hcservices/

the victim is still in hospital. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also the fact that the victim is still in hospital and there are two previous cases pending as against the petitioner. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/07/2020 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, NO.IV, VELLORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

CC to M/S. G.VINODH KUMAR Advocate on payment of necessary charges CRL OP.10213/2020 Date :07/07/2020 RVR 01/09/2020 https://hcservices.ecourts.gov.in/hcservices/