Madras High CourtCRL OP/17088/2020dismissed

Mahendiran v. State Rep By

2020-11-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17088 of 2020 Mahendiran

...Petitioner

Vs.

State Represented by :- The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

Cr. No.2563 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.2563 of 2020, on the file of the Respondent police or on his appearance before the concerned Court to release him on bail. For Petitioner : Mr.M.P.Saravanan 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 offence punishable under Sections 147, 148, 341, 342, 353, 294(b), 333, 326, 307 and 506(ii) of IPC, in Crime No.2563 of 2020, on the file of the respondent, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant, the Sub Inspector of Police is that on 14.06.2020, when the defacto complainant along with his police party was on regular patrol duty, the petitioner along with other accused was found selling liquor and they were also involved in gambling. When the same was questioned, the accused have abused them in filthy language and also assaulted them with iron rod and wooden log due to which, one of the Constable sustained fracture in his right hand.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent would vehemently oppose stating that the petitioner along with other accused was found selling liquor and they were involved in gambling. When, the same was questioned, the accused abused and threatened the defacto complainant and his police party in filthy language and also threatened them with dire consequences. Further, when the defacto complainant attempted to apprehend them, they assaulted the defacto complainant and other policemen with iron rod and wooden logs due to which, one of the Constable namely Neelamegam sustained fracture in his right hand.

5. It is seen that the petitioner along with other accused had involved in illegal activities and when it was questioned, they have abused and attacked the police men due to which, one of the Police Constable has sustained fracture in his right hand.

6. Taking into account, the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 02/11/2020 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 INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.17088/2020 Date :02/11/2020 cs 23/11/2020 https://hcservices.ecourts.gov.in/hcservices/