Madras High CourtCRL OP/9092/2021dismissed

Mathavan v. State Rep By

2021-05-13Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirteenth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.9092 of 2021 1 MATHAVAN [ PETITIONERS / ACCUSED ] 2 SENTHAMILCHELVAM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLIE, THIRUMANUR POLICE STATION, THIRUMANUR, ARIYALUR DISTRICT.

CRIME NO.119/2021.

For Petitioner : M/S P.MANI Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 397 and 506(2) IPC in Crime No.119 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a Sub Inspector of Police. On 30.04.2021 at about 10 p.m. when the defacto complainant along with a Constable was on patrol, the petitioners were found sitting in a remote place. When it was questioned, they abused and assaulted the defacto complainant and when the defacto complainant attempted to record the occurrence, they snatched the cell phone and ran away from the scene of occurrence. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that when the defacto complainant along with a Constable was on patrol, the petitioners were found sitting in a remote place. When it was questioned, the petitioners abused and assaulted the defacto complainant and when the defacto complainant attempted to record the occurrence, they snatched the cell phone and ran away from the scene of occurrence. He would submit that the property has not been recovered. Hence, he vehemently opposed for grant of anticipatory bail.

5. Taking in to account the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 13/05/2021 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 THE INSPECTOR OF POLICE, THIRUMANUR POLICE STATION, THIRUMANUR, ARIYALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.MANI Advocate on payment of necessary charges CRL OP.9092/2021 Date :13/05/2021 TA-16/06/2021 https://hcservices.ecourts.gov.in/hcservices/