Madras High CourtCRL OP/11092/2020dismissed

Appu @ Sivaganesh v. The State Of Tamilnadu Rep.By

2020-07-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.11092 of 2020 Appu @ Sivaganesh ... Petitioner Vs.

The State of Tamil Nadu rep by The Inspector of Police, Vedaranyam Police station, Nagapattinam District, Crime No.990 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 arrest in Crime No.990 of 2020 on the file of the respondent police. For Petitioner : M/s. S.N.Subramani K.Gopi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 147, 148, 294(b), 324, 307 and 506(ii) IPC, in Crime No.990 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were drinking liquor near a temple and when the same was questioned by the defacto complainant, the petitioner and the other accused assaulted the defacto complainant with knife and wooden log, thereby causing injuries to him. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is innocent and that a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that the other accused were drinking liquor near a temple and when the same was questioned by the defacto complainant, the petitioner and the other accused assaulted the defacto complainant with Aruval at back of the head. He further submitted that the injured is still in hospital and the other arrested accused are still in custody. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the fact that the injured is still in hospital and the other arrested accused are still in custody, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, the Criminal Original Petition is dismissed. -sd/- 29/07/2020 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, VEDARANYAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VEDARANYAM POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S.S.N.SUBRAMANI Advocate on payment of necessary charges CRL OP.11092/2020 Date :29/07/2020 cs 25/08/2020 https://hcservices.ecourts.gov.in/hcservices/