Santhosh Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15438 of 2020 Santhosh Kumar ... Petitioner Vs.

State represented by, The Inspector of Police, Virugambakkam Police Station, Chennai District.

(Crime No.536 of 2020).

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest in Crime No.536 of 2020 on the file of Virugambakkam Police Station, Chennai District.

For Petitioner : Mr.D.Magesh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(This Case has been heard through Video Conferencing) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 392 IPC in Crime No.536 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had snatched a cell phone from the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that A1 and A2 have been detained under Act 14 of 1982. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would vehemently oppose the petition stating that it is a case were the petitioner along with A1 and A2 committed robbery and robbed 3 cellphones from three persons/victims including the defacto complainant. He further submitted that custodial interrogation of the petitioner is very much required for conducting identification parade.

5. Taking into consideration the fact that the petitioner along with other accused have committed robbery of three cell phones and it is a case of robbery, hence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 30/09/2020 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.XXIII, SAIDAPET, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VIRUGAMBAKKAM POLICE STATION, CHENNAI DISTRICT.

CC to M/S.D.MAGESH Advocate on payment of necessary charges CRL OP.15438/2020 Date :30/09/2020 cs 07/10/2020 https://hcservices.ecourts.gov.in/hcservices/