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Madras High CourtCRL OP/14426/2020dismissed

Udhayakumar @ Paramakudi Udhaya v. State Rep. By

2020-09-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.09.2020

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14426 of 2020 1.Udhayakumar @ Paramakudi Udhaya 2.Balasubramani @ Inungur Balu ... Petitioner/A3&6 Vs.

State rep.by The Inspector of Police, Namakkal Police Station, Namakkal District.

Crime No.1152 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No.1152 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.B.Mohan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b),341 and 307 of IPC, in Crime No.1152 of 2020,on the file of the respondent police,seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that on 14.08.2020, the petitioners along with other accused persons planned to murder and brutally attacked the defacto complainant and his friend with deadly weapons in an indiscriminate manner all over the body and caused grievous injuries.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and due to previous enmity, they have been falsely implicated in this case. He would further submit that one of the victims has been discharged from the hospital.

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4. The learned Additional Public Prosecutor would vehemently oppose stating that, the petitioners planned to murder one Kasirajan who is A+ category notorious criminal. On 14.08.2020, the petitioners and other accused persons brutally attacked the defacto complainant and thereby,the defacto complainant sustained grievous injuries. He would further submit that there are three previous murder cases pending against the petitioners and the investigation is pending and the victim is also still in the hospital.

5. Taking into consideration the facts and submissions made by the learned counsels, and the fact that A3 is a A+ category notorious criminal and the investigation is still pending and the victim is also in the hospital, this Court is not inclined to grant anticipatory bail to the petitioner.

6.

This Criminal Original Petition stands dismissed accordingly.

-sd/- 16/09/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION., NAMAKKAL DISTRICT +1 CC to M/S. B.MOHAN Advocate on payment of necessary charges SR.NO.6411 CRL OP.14426/2020 Date :16/09/2020 GKS:24/09/2020 https://hcservices.ecourts.gov.in/hcservices/