Saleem v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12341 of 2020 Saleem ... Petitioner/Accused No.1 Vs.

The State represented by, The Inspector of Police, Vellore North Police Station, Vellore District.

(Crime No.1072 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in crime No. 1072 of 2020 on the file of the Inspector of Police, Vellore North Police Station, Vellore District, pending investigation.

For Petitioner : Mr.G.Vinothkumar For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 307 and 506(ii) of IPC, in Crime No. 1072 of 2020, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the victim and the accused persons are friends and they used to consume liquor and ganja together. During the wordy quarrel, all the accused persons have assaulted the victim with hands, A1 and A2 have stabbed the victim with broken beer bottle on the left side of his neck and the shoulder and thereby,the victim has sustained injuries. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner and the victim are friends. He would submit that the petitioner is an innocent person and that the incident has taken place only during the quarrel. Hence, he prays to grant anticipatory bail to the petitioner. The learned Additional Public Prosecutor appearing for the respondent would submit that though the accused persons and the victim are friends, during a quarrel, the petitioner/A1 along with other accused/A2 had stabbed the victim on the left side of the neck and shoulder with a broken beer bottle and the other accused persons have assaulted the victim with hands. He would submit that the victim was treated as in-patient in the hospital for a period of 40 days and he has been discharged very recently.

He would further submit that there is one previous case pending against the petitioner and that the petitioner was found in possession of 500 grams of ganja. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. Taking into consideration the facts and submissions made by the learned counsel and considering the nature of injury, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 17/08/2020 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.IV, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.12341/2020 Date :17/08/2020 MK:03/09/2020