P.Kali Dass v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.11464 of 2020 P. Kalidass, S/o Ponnusamy No.29, Karikalan Mett Street, Thirvalluvar Nagar, Perungudi, Chennai 600 095.

... Petitioners Vs.

The State rep.by, The Sub-Inspector of Police, J-9, Thuraipakkam Police Station, Chennai. ( Crime No.5/20) ... 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.5 of 2020 on the file of the respondent police. For Petitioner : Mr. A. Ashwin kumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This 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 363, 341,342,323 & 506(II) of IPC in Crime No.5 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one Murali/A3 in this case misbehaved in the funeral procession of the defacto complainant's mother and the same was questioned by the defacto complainant. Due to which the petitioner and other accused persons (A1 to A4) threatened and assaulted the defacto complainant. Hence the case.

3. The learned Counsel for the petitioner would submit that due to some previous enemity between the petitioner and A3/Murali, the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the petitioner is a history sheeter person and there are 3 previous cases pending against the petitioner and one case has been registered in crime No.2 of 2016 in Thuraipakkam Police Station. Hence, he vehemently opposed for grant of Anticipatory bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and the above submission so made by the Additional Public Prosecutor that the petitioner is a history sheeter and has 3 previous cases to his credit, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 03/08/2020 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 THE JUDICIAL MAGISTRATE, NO.II, ALANDUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB-INSPECTOR OF POLICE, J-9, THURAIPAKKAM POLICE STATION, CHENNAI.

CC to M/S. A.ASHWIN KUMAR Advocate on payment of necessary charges CRL OP.11464/2020 Date :03/08/2020 RD 27/08/2020 https://hcservices.ecourts.gov.in/hcservices/