Nizar@Sondi Nizar v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.09.2020

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14627 of 2020 Nizar @ Sondi Nizar ... Petitioner Vs.

State, rep. by its, The Inspector of Police, Podhanur Police Station, Coimbatore District.

Crime No.1384 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code, to enlarge the petitioner on bail in the event of his arrest in Crime No.1384 of 2020 pending on the file of the respondent.

For Petitioner : Mr.W.Camyles Gandhi 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 alleged offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.1384 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner along with the other accused abused the de-facto complainant in filthy language and assaulted him with stone on his face and head and caused injury. Hence, the complaint.

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.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner along with the other accused abused the de-facto complainant in filthy language and assaulted him with stone on his face and head and caused injury and now, the injured has been discharged from the hospital. He would further submit that the petitioner has been involved in two previous cases, viz., one under NDPS Act of the year 2019 and another one is 392 of IPC of the same year.

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5. Considering the facts and circumstances of the case and the petitioner being a habitual offender and he has already been involved in two previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 18/09/2020 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 JUDICIAL MAGISTRATE, MADHUKARAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, PODHANUR POLICE STATION, COIMBATORE DISTRICT CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.14627/2020 Date :18/09/2020 RVR 30/09/2020 https://hcservices.ecourts.gov.in/hcservices/