S.Anand v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17629 of 2020 S. Anand ... Petitioner Vs.

The State represented by, The Inspector of Police, Uthiramerur Police Station, Kanchipuram District.

(Crime No.53 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge bail in the event of arrest in connection with Crime No.53 of 2020 pending on the file of respondent police. For Petitioner : Mr. Y. Deva Arul Prakash For Respondent : Mr. M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 341, 323 and 392 of I.P.C in Cr. No.53 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Sampath Kumar is that the petitioner along with other accused waylaid him and snatched Rs.15,000/- and mobile phone. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that since he happens to be a friend of A1 and A2 who were arrested and later enlarged on bail, he was implicated in this case.. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused persons attacked the defacto complainant with knife point and snatched Rs.15,000/- and mobile phone. He would further submit that Identificate parade has to be conducted and the amount has to be recovered, petitioner's interrogation is necessary. He would further submit that this is the second anticipatory bail application and the earlier application was https://hcservices.ecourts.gov.in/hcservices/

dismissed by this Court on 25.09.2020 in Crl.OP.No.14708 of 2020 in which it was stated that there is no previous case pending against the petitioner, whereas there is one previous case against the petitioner. Hence he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts of the case and this is the second anticipatory bail application and the earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed. -sd/- 10/11/2020 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 JUDICIAL MAGISTRATE, UTHIRAMERUR, KANCHEEPURAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.Y.DEVA ARUL PRAKASH Advocate on payment of necessary charges CRL OP.17629/2020 Date :10/11/2020 RVR 23/11/2020 https://hcservices.ecourts.gov.in/hcservices/