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Madras High CourtCRL OP/15246/2020dismissed

Kathir @ Kathiravan v. The State Rep.By

2020-09-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.15246 of 2020 Kathir @ Kathiravan ... Petitioner Vs.

The State Represented by, The Inspector of Police, P-4, Basin Bridge Police Station, Chennai District.

(Cr.No.146 of 2019) ... 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 Connection with the Crime No.146 of 2019 pending on the file of the respondent police.

For Petitioner : Mr.M.Shankar For Respondent : Mr.M.Mohamed Riyaz, 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 147, 148, 149, 341, 324 & 307 of IPC, in Crime No.146 of 2019, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant viz., Santhosh Kumar is that the petitioner trespassed into the house of the defacto complainant's brother and attacked him with knife as a result of which he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against him. Therefore, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that there are three previous cases as against the petitioner. He would further submit that earlier this Court had dismissed the petition in Crl.O.P.No.27941 of 2019 dated 18.10.2019 and Crl.O.P.No.32468 of 2019 dated 09.01.2020. hence, he opposed to grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Additional Public Prosecutor and also the fact that there are three previous cases as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/09/2020 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 METROPOLITAN MAGISTRATE NO.X, EGMORE, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, P-4, BASIN BRIDGE POLICE STATION, CHENNAI.

CC to M/S. M.SHANKAR Advocate on payment of necessary charges CRL OP.15246/2020 Date :29/09/2020 cs 08/10/2020 https://hcservices.ecourts.gov.in/hcservices/