Senthilkumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17307 of 2020 1.SENTHILKUMAR ... Petitioners 2.BALASUBRAMANI Vs.

State represented by ... Respondent THE INSPECTOR OF POLICE, MOOLANUR POLICE STATION, TIRUPPUR DISTRICT.

[Crime No.774 of 2020] Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in the event of their arrest in connection with Crime No.774 of 2020 on the file of the respondent, Moolanur Police, Station, Tiruppur District. For Petitioners : Mr.P.Kalimuthu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who were apprehend arrest at the hands of the respondent police for the offence punishable under Sections 447, 427, 431, 294(b), 506(ii) of IPC, in Crime No.774 of 2020, on the file of the respondent, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Nagarajan, is that on 17.10.2020, the petitioners had purchased the property from one Punniyamoorthy. Whileso, on 22.10.2020, the petitioners along with other accused had caused damage to the common pathway and occupied the land by threatening the defacto complainant, abused him in filthy language and also assaulted him. Hence, the complaint.

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The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false complaint has been foisted against them due to civil dispute. Hence, he prays to grant anticipatory bail to the petitioners.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners have got three previous cases of similar nature and that it is the habit of the petitioners to occupy the property by threatening the owners of the property and also taking amount from them. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

Taking into consideration of the facts and circumstances of the case, submissions made by the learned counsel and considering the fact that the petitioners have got three previous cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 04/11/2020 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, MOOLANUR POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.KALIMUTHU Advocate on payment of necessary charges CRL OP.17307/2020 Date :04/11/2020 TA-18/11/2020 https://hcservices.ecourts.gov.in/hcservices/