Poornavel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11047 of 2020 1.Poornavel 2.Amaravathi ... Petitioners/Accused Vs.

The State represented by, The Inspector of Police Sankari, Sankari Taluk, Salem District.

Crime No. 437 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners in the event of arrest in connection with Crime No. 437 of 2020 pending investigation on the file of the respondent police.

For Petitioners: Mr.T.N.Rangesh Kanna For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC, 1860, in Crime No. 437 of 2020, on the file of the respondent police, seek anticipatory bail. The case of the prosecution is that due to the previous enimity regarding civil dispute between this petitioners and defacto complainant, on the date of occurrence at about 08.50 a.m., a wordy quarrel arose between the parties and in the said occurrence, the petitioners have abused the defacto complainant in filthy words and attacked him with spade and caused injuries to him and also threatened him with dire consequences. Hence the complainant. The learned counsel appearing for the petitioners would submit that the petitioners are no way connected to the offence as alleged by the prosecution and that a false complaint has been registered against them. Hence, he prays to grant anticipatory bail to the petitioners.

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The learned Additional Public Prosecutor appearing for the respondent would submit that due to the quarrel arose between the petitioners and the defacto complainant, the defacto complainant has been sustained head injury and still he is taking treatment in the Government Hospital, Sangagiri. Hence, he oppose to grant anticipatory bail to the petitioners.

Taking into consideration the facts and submissions made by the learned counsels and the fact that still the injured is taking treatment due to head injury, this Court is not inclined to grant bail to the petitioners at this stage. Hence, this Criminal Original Petition stands dismissed for the present.

-sd/- 24/07/2020 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.I, SANKARI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE SANKARI, SANKARI TALUK, SALEM DISTRICT.

CC to M/S.T.N.RANGESH KANNA Advocate on payment of necessary charges CRL OP.11047/2020 Date :24/07/2020 RVR 16/09/2020 https://hcservices.ecourts.gov.in/hcservices/