Madras High CourtCRL OP/12689/2020dismissed

Settu @ Ponnurangam v. The State Rep.By

2020-08-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.12689 of 2020 1.Settu @ Ponnurangam ... Petitioners 2.Malar 3.Rekha Vs.

The State rep by ... Respondent The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.

Crime No.758/2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.758 of 2020 on the file of the respondent police. For petitioners : Mr. S.Sugendran 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 offences publishable under Sections 147, 148, 341, 294(b), 324, 323, 307, 506(i), 506(ii) IPC, in Crime No. 758 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that due to previous enmity with regard to property the petitioners along other accused assaulted the de facto complainant and his friends with iron rod, knife and stones on the head and due to which the de facto complainant and his friends sustained injury.. Hence the complainant.

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3. Learned counsel for the petitioners would submit that the petitioners are innocent and due to previous enmity with regard to the property, false complaint has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Learned Additional Public Prosecutor would submit that there are two victims in this case and the injured are still in hospital and apart from that the arrested accused are in custody. Therefore, he opposed to grant anticipatory bail to the petitioners.

5. Since, the statement of the learned Additional Public Prosecutor that 'the injured are still in hospital' was refuted by the learned counsel for the petitioner, this Court directed the learned Additional Public Prosecutor to verify it and report and thereby, during the afternoon session, he produced the photographs taken from the hospital where the victims were taking treatment.

6. Taking into consideration the fact that the injured are still in hospital and the fact that arrested accused are still in custody, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly, the Criminal Original Petition is dismissed -sd/- 26/08/2020 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, SHOLINGHUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARAKKONAM TOWN POLICE STATION, ARAKKONAM, RANIPET DISTRICT.

CC to M/S.S.SUGENDRAN Advocate on payment of necessary charges CRL OP.12689/2020 Date :26/08/2020 https://hcservices.ecourts.gov.in/hcservices/ TA-21/09/2020