Dhanush @ Mani v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11790 of 2020

1. Dhanush @ Mani

2. Jayaprakash ... Petitioners Vs.

The State Represented by, The Inspector of Police, (Crime) S-1, Mount Police Station, Chennai.

Crime No.618 of 2020.

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of arrest in Connection with the Crime No.618 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.J.P.Ravivarman For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(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 395, 397 and 307 of IPC in Crime No.618 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 29.05.2020 when the defacto complainant's son and his friend who were working in Friends Courier, were returning home from office, the petitioners along with other accused way laid them and attacked them with sharp edged weapons and also robbed their mobile phones and two wheeler. Hence the case.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have been https://hcservices.ecourts.gov.in/hcservices/

falsely implicated in this case. He would further submit that earlier the petitioners were arrested in Crime No.343 of 2020 and remanded to judicial custody on 30.05.2020 and thereafter, they were released on bail on 14.06.2020. Subsequently, a false case has been registered against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners were already involved in a case in Crime No.343 of 2020 in which, they were arrested and remanded to judicial custody and subsequently released on bail. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsels and the nature of offence and the antecedent of the petitioners, this Court is no inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 07/08/2020 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.I, ALANDUR,CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT,MADRAS.

3 THE INSPECTOR OF POLICE(CRIME), S-1,MOUNT POLICE STATION, CHENNAI, +1 CC to M/S. J.P.RAVIVARMAN Advocate on payment of necessary charges SR.NO.5898 CRL OP.11790/2020 Date :07/08/2020 GKS(TA):17/08/2020 https://hcservices.ecourts.gov.in/hcservices/