Madras High CourtCRL OP/16801/2020dismissed

Kumaresan v. State By

2020-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16801 of 2020 Kumaresan ... Petitioner Vs.

State of Tamil Nadu rep. by its The Inspector of Police, M-5 Ennore Police Station Station, Chennai District.

Crime No.151 of 2020.

... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No. 151 on the file of the respondent police. For Petitioner : Mr.S.P. Arthi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This 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 147, 148, 294(b), 328, 342, 364-A, 397 and 506(ii) of IPCt, in Crime No.151 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that the petitioner along with other accused persons by using his ATM Card has withdrawn Rs.1,00,000/- from his Bank Account and also threatened him with dire consequences. Hence the complaint.

3.The learned Counsel for the petitioners would submit that he is an innocent person and he has been falsely implicated in this case. He would further submit that he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the the petitioner along with other accused persons by using defacto complainant's ATM Card has withdrawn Rs.1,00,000/- from his Bank Account and also threatened him with dire consequences. He would further submit that this is the second anticipatory bail application. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the submissions made by the Additional Public Prosecutor and the petitioner has not disclosed the fact that this is the second anticipatory bail application in the petition, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original petition is dismissed. -sd/- 28/10/2020 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, THIRUVOTRIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, CHENNAI DISTRICT.

CC to M/S. S.P.ARTHI Advocate on payment of necessary charges CRL OP.16801/2020 Date :28/10/2020 MK:05/11/2020 https://hcservices.ecourts.gov.in/hcservices/