M.Arumugam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11363 of 2020 M.Arumugam ... Petitioner/Accused Vs.

State Rep. by Inspector of Police, Koyambedu Police Station, Chennai.

Crime No. 16 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 by the respondent police in Crime No.16 of 2020, on the file of the respondent police.

For Petitioner : Mr.M.Ganesh For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 34, 170, 171, 419 and 420 of IPC in Crime No.16 of 2020, seeks anticipatory bail.

2.Heard both sides.

3.The case of the prosecution is that the petitioner and others entered into the house of the defacto complainant and posing as officials belonging to the Income Tax Department, robbed the cash and jewels from the defacto complainant's house under threat. 4.The learned counsel for the petitioner would submit that this is a second bail application and the earlier anticipatory bail application was dismissed by this Court on 02.03.2020 vide Crl.O.P.No.3723 of 2020. He would further submit that the petitioner has suffered amputation of his left leg. Hence, he prays to grant anticipatory bail to the petitioner.

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5.The learned Additional Public Prosecutor would submit that custodial interrogation of the petitioner is required since he is involved in various cases of similar nature. He would further submit that the earlier anticipatory bail application was dismissed on 02.03.2020 and that there is no change in circumstances. He would submit that the petitioner had suffered amputation much earlier and the offence had been committed with his handicappedness. Hence, he opposed for the grant of anticipatory bail to the petitioner.

6. Taking into consideration the allegations against the petitioner and the earlier bail application was dismissed on 02.03.2020 and there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/08/2020 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 XXI METROPOLITAN MAGISTRATE COURT, EGMORE, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, KOYEMBEDU POLICE STATION, ANNA NAGAR DISTRICT, CHENNAI.

CC to M/S. M.GANESH Advocate on payment of necessary charges CRL OP.11363/2020 Date :06/08/2020 RVR 21/09/2020 https://hcservices.ecourts.gov.in/hcservices/