Madras High CourtCRL OP/11177/2020dismissed

K.Saleem v. State Rep. By

2020-07-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11177 of 2020 1.K.Saleem 2.V.Yukendaran @ Vikendaran 3.Vikki @ Vignesh ... Petitioners Vs.

The State Represented by :- The Inspector of Police, Kitchipalayam Police Station, Salem District.

(Crime No. 595 of 2020) ... Respondent Prayer: Criminal Original Petitions filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.595 of 2020,on the file of the Inspector of Police, Kitchipalayam Police Station, Salem District.

For Petitioners : Mr.B.Vasudevan 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294 (b), 323, 307, 506( 2 ) IPC, in Crime No.595 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution that due to the previous enmity regarding financial dispute the petitioners along with other accused assaulted defacto complainant and caused head injury. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case due to financial dispute. He would further submit that as far as the averments against these petitioners are concerned they have stated they have assaulted the injured with hands and legs and the injured was discharged from hospital. Hence, he prayed for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent would vehemently opposed the incident. He would further submit that the petitioners along with the other accused assaulted defacto complainant and caused head injury. The injured discharged from hospital due to Covid-19 and still taking treatment. He would also submit that first petitioner has there previous cases and he is a history sheeter and the arrested accused are still in custody. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5.Taking into consideration the facts of the case and the submissions made by either side counsel, this Court is not inclined to grant anticipatory bail to the petitioners at this stage. Accordingly, the Criminal Original Petition stands dismissed for the present.

-sd/- 27/07/2020 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 INSPECTOR OF POLICE KITCHIPALAYAM POLICE STATION SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S B.VASUDEVAN Advocate on payment of necessary charges CRL OP.11177/2020 Date :27/07/2020 cs 28/08/2020 https://hcservices.ecourts.gov.in/hcservices/