Charavanan v. The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15551 of 2020 Charavanan .. Petitioner Vs.

The State rep. by The Station House Officer Dhanvanthri Nagar Police Station Pondicherry.

Cr.No.264 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.264 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.E.Anbarasan For Respondent : Mr.V.Balamurugane Public Prosecutor, Puducherry

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 offence under Sections 294(b), 355, and 506(ii) of IPC in Crime No.264 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.09.2020 at about 14.00 hours, at Adithya Apartment, Ramalinga Nagar, Puducherry, due to wordy quarrel, the accused persons abused the de-facto complainant and his wife using filthy language and assaulted them with cheppal and thereby caused injuries to them and also threatened them with dire consequences.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false complaint has been given against him. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Public Prosecutor, Puducherry vehemently opposed stating that the petitioner is an habitual offender and that the petitioner is running a cattle shed in an illegally occupied area and that on the fateful date, i.e on 19.09.2020, the cattle belonging to the petitioner had been gone to the nearby residential apartment and when it was questioned by the de-facto complainant/watchmen, who is https://hcservices.ecourts.gov.in/hcservices/

an elderly person, the petitioner assaulted the de-facto complainant and his wife with cheppal and thereby caused injuries to them. He would further submit that the petitioner has three previous cases and he being a government servant has assaulted elderly persons in a cruel manner.

5. Taking into consideration the nature of the allegations made against the petitioner and the antecedents of the petitioner are reported to be bad, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/10/2020 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 PUDUCHRRY 2 THE STATION HOUSE OFFICER, DHANVANTHRI NAGAR POLICE STATION, PONDICHERRY.

CC to M/S.E.ANBARASAN Advocate on payment of necessary charges CRL OP.15551/2020 Date :08/10/2020 RVR 16/10/2020 https://hcservices.ecourts.gov.in/hcservices/