Danesh@Mani v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.11.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18024 of 2020 DANESH @ MANI ... Petitioner Vs.
The State by Inspector of Police (Crime) J-3 Guindy Police Station Chennai (Crime No.490 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 in Crime No.490 of 2020 on the file of the respondent.
For Petitioner : Mr.J.P.Ravivarman 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 offences publishable under Sections 143, 148, 294(b), 397, 506(2), 270 in Crime No.490 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant Madhav is that on 29.05.2020, the petitioner along with other accused waylaid the defato complainant, assaulted him with Machete and robbed cash of Rs.5000/- and a cell phone from him.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that this is the second application for anticipatory bail and the earlier petition was dismissed by this Court on 17.09.2020 in Crl.O.P.No.14192 of 2020 on the ground that the petitioner has got two previous cases. He would further submit that co-accused in this case has been granted anticipatory bail by this Court. Hence, he prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioner along with other accused waylaid the defato complainant and by assaulting him with Machete, robbed Rs.5000/- cash and a cell phone https://hcservices.ecourts.gov.in/hcservices/
from him. He would further submit that the petitioner has got two previous cases to his credit.
5. Taking into account the nature of offence and the fact that there are two previous cases against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 18/11/2020 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 INSPECTOR OF POLICE,(CRIME) J-3,GUINDY POLICE STATION, CHENNAI.
CC to M/S.J.P.RAVIVARMAN Advocate on payment of necessary charges CRL OP.18024/2020 Date :18/11/2020 RVR 10/12/2020 https://hcservices.ecourts.gov.in/hcservices/