Madras High CourtCRL OP/12330/2020dismissed

Somu @ Premkumar v. State Rep By

2020-08-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

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.12330 of 2020 Somu @ Premkumar ... Petitioner Vs.

State Rep.by Inspector of police, Gudiyatham Town Police Station, Vellore District.

(Crime No.1107/2020)

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C.,to enlarge the petitioner on bail in the event of his arrest in Crime No. 1107 of 2020 on the file of the Inspector of Police, Gudiyatham Town Police station, Vellore District, pending investigation.

For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.K.Prabakar, Additional Public Prosecutor

ORDER

(This 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 and 506(i) of IPC in crime No.1107/2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the Village Secretary and due to previous enmity the petitioner attacked the defacto complainant with hands demanding the Village Secretary post for his brother-in-law viz., Siva Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he further submitted that due to political enmity a false complaint has been given against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that due to previous enmity and demanding the Village Secretary post for his brother in law and assaulted the defacto complainant. He further submitted that the petitioner is a history sheet rowdy and H.S.No.563/2020 and he has eight previous cases before the Gudiyatham Town Police Station, Vellore. Hence, he vehemently opposed for grant of Anticipatory Bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the petitioner is a history sheeted rowdy and he has eight previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is 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, GUDIYATHAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, GUDIYATHAM TOWN POLICE STATION, VELLORE DISTRICT.

CC to M/S G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.12330/2020 Date :17/08/2020 cs 04/09/2020 https://hcservices.ecourts.gov.in/hcservices/