Kathiravan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18957 of 2020 Kathiravan ... Petitioner Vs.

The State rep. by

...Respondent

The Sub Inspector of Police R-7 K.K Nagar Police Station Chennai.

Cr.No.820 of 2020.

Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.820 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Deivanadham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 341, 392, 506(ii) of IPC in Crime No.820 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-fact complainant viz., Ranjani is that the petitioner and two other accused have restrained her and her son viz., Akash, threatened them for having sent them to prison, abused and demanded money from them. Further, it is alleged that the accused persons have snatched the bag from the de-facto complainant and had robbed an amount of Rs.1000/- at knife point. Hence the complaint.

3. The learned counsel for the petitioner would submit that this is the third application for anticipatory bail and that earlier applications for anticipatory bail were dismissed by this Court in Crl.O.P No.12675 of 2020 dated 01.09.2020 and Crl.O.P No.16420 of https://hcservices.ecourts.gov.in/hcservices/

2020 dated 15.10.2020. He would further submit that without prejudice to this case, the petitioner had pleaded guilty and all the cases stand disposed of and that in Crime No.684 of 2020, the petitioner has been arrested and released on condition bail in M.P No.7724 of 2020 dated 29.06.2020. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed this petition stating that the petitioner is involved in five previous cases and that the conviction would show that the petitioner is an habitual offender. He would further submit that investigation is almost over.

5. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsels and also the antecedents of the petitioner are reported to be bad, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/12/2020 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 SUB INSPECTOR OF POLICE, R-7, K.K.NAGAR POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.DEIVANADHAM Advocate on payment of necessary charges CRL OP.18957/2020 Date :07/12/2020 TA-14/12/2020 https://hcservices.ecourts.gov.in/hcservices/