Krishnamoorthy v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15535 of 2020 Krishnamoorthy ... Petitioner/2nd Accused Vs.

The State represented by The Inspector of Police, Manalmedu Police Station, Nagapattinam.

(Cr.No.1018 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of arrest in connection with Crime No. 1018 of 2020 on the file of the respondent. For Petitioner : Mr.M.R.Franklin 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 294(b), 323, 324, 354, 506(ii) of I.P.C., in Crime No.1018 of 2020, on the file of the respondent police, seeks anticipatory bail. The case of the prosecution as per the defacto complainant is that during the wordy quarrel for temple festival, the petitioner had assaulted the defacto complainant and his associates with wooden log on the head, due to which, they were injured. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case and that there is a counter case. Hence, he prays to grant anticipatory bail to the petitioner. The learned Additional Public Prosecutor appearing for the respondent would submit that during the temple festival, the petitioner along with other accused had assaulted the defacto complainant and his associates, due to which, several persons got injuries. He would further submit that two victims are still taking treatment in hospital and that there is a counter case in Crime https://hcservices.ecourts.gov.in/hcservices/

No.1019 of 2020. He would also submit that there is no previous case pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

Taking into consideration the facts and submissions made by the learned counsels and considering the fact that two victims are still under treatment in the hospital, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed for the present. -sd/- 01/10/2020 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 JUDICIAL MAGISTRATE, NO.I, MAYILADUTHURAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, MANALMEDU POLICE STATION, NAGAPATTINAM.

CC to M/S.M.R.FRANKLIN Advocate on payment of necessary charges CRL OP.15535/2020 Date :01/10/2020 RVR 08/10/2020 https://hcservices.ecourts.gov.in/hcservices/