Kona Subbarao Alias Chanti v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19354 of 2021 KONA SUBBARAO ALIAS CHANTI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, YANAM POLICE STATION, PUDUCHERRY.

CRIME NO.107 OF 2021.

For Petitioner : M/S.K.PRABAKAR Advocate For Respondent : M/S.V.BALAMURUGANE ADDITIONAL PUBLIC PROSECUTOR FOR PUDUCHERRY PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest for the alleged offence under Sections 294(b), 324 IPC @ 302, 324, 294(b) IPC in Crime No.107 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the deceased was working as a coolie in the house which belongs to the petitioner as he had not paid coolie, the deceased has taken some aluminium basin from his work place and the same has been sold it in an old scrap shop near by-pass road, but, he was caught by the petitioner and the petitioner hit the deceased on his head with aluminium basin. On the same day evening at 17.00 hours, the deceased went to the house of the petitioner and quarrelled with him questioning the attack made on him and at that time, the petitioner abused the defacto complainant and beaten him by using bamboo stick and as a result, the deceased became unconscious. Thereafter, he was taken to hospital and subsequently, he lost his life. Hence, the complaint.

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3.The learned counsel appearing for the petitioner submits that the overtact attributed against the petitioner in the complaint is no way related to the death of the deceased and only on suspicion, the petitioner was implicated in the case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Puducherry) produced the CCTV footage video graphed by the neighboring shop which shows that the petitioner has brutally attacked the defacto complainant in the morning and evening and thereby the deceased become unconscious. He submits that the investigation is in preliminary stage.

5. Considering the submissions made on either side and on perusal of the CCTV footage and the gravity of the offence committed by the petitioner, this is not a fit case for granting anticipatory bail to the petitioner.

6. Accordingly, the anticipatory bail sought for cannot be granted and this petition is dismissed.

-sd/- 21/10/2021 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 INSPECTOR OF POLICE, YANAM POLICE STATION, PUDUCHERRY.

2 THE PUBLIC PROSECUTOR PUDUCHERRY +1 CC to M/S.K.PRABAKAR Advocate on payment of necessary charges SR.No.11577 CRL OP.19354/2021 Date :21/10/2021 APN 01/11/2021 https://hcservices.ecourts.gov.in/hcservices/