Hari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :01.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.13398 of 2020 Hari ... Petitioner Vs.

The State Represented by, The Inspector of Police, Kandili Police Station, Vellore District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.811 of 2020 on the file of respondent Police.

For Petitioner : Mr.E. Kannadasan For Respondent : Mr. M. Mohamed Riyaz, 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 offences punishable under Sections 397 and subsequently altered into 120(B), 395, 397, 307 of I.P.C. in Crime No.811 of 2020, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the accused persons committed robbery of Rs.15,000/- (Rupees Fifteen Thousand only) after attacking the defacto complainant and his brother.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons robbed a sum of Rs.15,000/-(Rupees Fifteen Thousand only) from the defacto complainant's house after attacking the inmates. The other accused persons were arrested and they are still in judicial custody. He would further submit that the investigation is pending. Hence he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances of the case and the other accused persons are still in custody, this Court is not inclined to grant anticipatory bail to the petitioner.

6. With the above observations, this Criminal Original Petition is dismissed.

-sd/- 01/09/2020 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 INSPECTOR OF POLICE, KANDILI POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.13398/2020 Date :01/09/2020 cs 18/09/2020 https://hcservices.ecourts.gov.in/hcservices/