S.Sarathy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.10.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16344 of 2020 S. Sarathy

...Petitioner

Vs.

The State Rep. By The Inspector of Police, T-5, Thiruverkadu Police Station, Chennai.

(Crime No.924 of 2020) ....Respondent Prayer: This petition has been filed under Section 482 of Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No.924 of 2020 on the file of the respondent. For Petitioner : Mr.L.Uthayakumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 147,148,324 & 307 of IPC in Crime No.924 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per defacto complainant viz., Mahendran is that due to political enmity between the defacto complainant and A1/Naveen, the accused persons have murdered the brother's son of the defacto complainant in the year 2013. In order to take retaliation against the defacto complainant, the petitioner along with other accused persons have assaulted the defacto complainant with Aruval on the head.

2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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3. The learned Additional Public Prosecutor would submit that the petitioner and other accused persons assaulted the defacto comlplainant with Aruval on the head. He would further submit that A6 and A7 were arrested and they are still in custody and that the investigation is still pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

4. Taking into consideration of the facts and circumstances of the case and also the fact that A6 and A7 are still in custody and it is a case in retaliation. this Court is not inclined to grant Anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed for the present.

-sd/- 14/10/2020 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.II, POONAMALLEE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, T-5, THIRUVERKADU POLICE STATION, CHENNAI.

CC to M/S.L.UTHAYAKUMAR Advocate on payment of necessary charges CRL OP.16344/2020 Date :14/10/2020 RVR 02/11/2020 https://hcservices.ecourts.gov.in/hcservices/