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Madras High CourtCRL OP/8777/2021dismissed

Kundu Karthik @ Karthik v. State Rep. By

2021-05-12Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.8777 of 2021 KUNDU KARTHIK @ KARTHIK [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, KALLAKURICHI POLICE STATION, KALLAKURICHI, KALLAKURICHI DISTRICT.

CRIME NO.528/2021 For Petitioner : M/S. G.MOHAMMED ASEEF Advocate For Respondent : MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 294(b), 323, 324, 307, 506(ii) and 392 of IPC, in Crime No.528 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioner along with other accused abused the de-facto complainant in a filthy language and attacked him with wooden log and thereby caused injuries to him. It is further alleged that the petitioner took away cash of Rs.2000/- from the de-facto complainant's pocket. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that there are totally three accused in this case and the petitioner is A1. The allegation is that due to money dispute, the petitioner along with two other accused attacked the de-facto complainant with wooden log and caused injuries to him and also robbed Rs.2000/- from the de-facto https://hcservices.ecourts.gov.in/hcservices/

complainant. He would further submit that the injured has been discharged from the hospital and there is a case in counter. He would further submit that there is one previous case pending against the petitioner in Crime No.342 of 2021 for the offence under Section 302 of IPC. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the nature of allegation levelled against the petitioner and also the antecedents of the petitioner are reported to be bad, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 12/05/2021 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 INSPECTOR OF POLICE, KALLAKURICHI POLICE STATION, KALLAKURICHI, KALLAKURICHI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.8777/2021 Date :12/05/2021 RVR 25/06/2021 https://hcservices.ecourts.gov.in/hcservices/