Karthikeyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.12227 of 2020 Karthikeyan ... Petitioner Vs.

State rep by The Inspector of Police, Sholavaram Police Station, Sholavaram, Thiruvallur District, Crime No. 2563 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.2563 of 2020 on the file of the respondent police.

For Petitioner : Mr.D.Chandra sekar For Respondent : Mr.K.Prabakar, 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, 341, 342, 353, 294(b), 333, 326, 307 & 506(ii) IPC, in Crime No.2563 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 14.06.2020, the respondent police received information that some persons were indulged in gambling and sale of liquor. When the defacto complainant along with the police parties went to the place of occurrence, the accused were found indulged in gambling and they abused the defacto complainant with filthy language and assaulted them with iron rod and wooden log, due to which, two police men sustained fracture in the right arm and other police men sustained injuries. Hence the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is innocent and case has been registered against the members of the entire village due to previous enmity and the arrested accused are enlarged on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is arrayed as A6. The case has been registered against ten specific persons and not as stated by the learned counsel for the petitioner as if the entire village has been implicated in this case. In this case, on 14.06.2020, on a specific information the defacto complainant and the police parties gone to the village and on seeing them, the petitioner and the other accused assaulted the police parties and they suffered fracture and they were admitted in Stanley hospital and was discharged after several days. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the police parties have been brutally assaulted, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 14/08/2020 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, PONNERI, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, SHOLAVARAM, TIRUVALLUR DISTRICT.

CC to M/S. D.CHANDRA SEKAR Advocate on payment of necessary charges CRL OP.12227/2020 Date :14/08/2020 MK:02/09/2020