Selvam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20171 of 2020
1. Selvam ... Petitioners
2. Venkatesh -VsState by:- ... Respondent The Inspector of Police,(L & O) F-2, Egmore Police Station, Egmore, Chennai-600 008.
Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.774 of 2020 is pending on the file of the respondent police.
For Petitioners : Mr.G.Parthasarathy For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
The case has been heard through video conference The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 353, 294(b), 506(i) of IPC and under Section 4 of the TNPWH Act, in Crime No.774 of 2020, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is employee of the Chennai City Municipal Corporation. The allegation is that A1 in this case who is the driver of the said Corporation. Further, the petitioners along with Al had abused and attacked the Corporation Officials and discharging from their official duty. Hence, the complaint was registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence and they have been falsely implicated in
this case. He would further submit that co-accused has already been granted bail by the learned Additional Mahila Metropolitan Magistrate,, Egmore, Chennai, in Crl.M.P.No.315 of 2020 dated 06.11.2020. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Additional Public Prosecutor submits that the defacto complainant is employee of the Chennai City Municipal Corporation. The allegation is that A1 in this case who is the driver of the said Corporation. Further, the petitioners along with Al had abused and attacked the Corporation Officials and discharging from their official duty. He would further submit that A1 has been arrested and he was released on bail by the Lower Court. He would further submit that these petitioners are concerned, they belong to political party and attacked the corporation officials. He would further submit that the petitioners had moved the anticipatory bail applications before the Learned Principal Sessions Judge, Chennai and the same was dismissed in Crl.M.P.Nos.11091 & 12253 of 2020 and hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and also the fact that the petitioners have involved very serious offences and bad antecedents of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/02/2021 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 ADDITIONAL MAHILA METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE PRINCIPAL SESSIONS JUDGE CHENNAI.
3 THE INSPECTOR OF POLICE( L AND O), F-2, EGMORE POLICE STATION, EGMORE, CHENNAI-600 008.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S K.M.SUBRAMANIAM Advocate on payment of necessary charges CRL OP.20171/2020 Date :03/02/2021 TA-22/02/2021