Madras High CourtCRL OP/21143/2021dismissed

Desam v. The State Rep By

2021-11-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21143 of 2021 DESAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPET DISTRICT CR NO. 313/2021 For Petitioner : M/S.R.LAKSHMIKANTH Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) 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 302 @ 302, 109, 147, 148, 120(b) of IPC in Crime No.313 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant husband is the deceased from herein hailed from Kasimedu, Chennai, he was a ganja peddler and Notorious rowdy in his locality as the father of the petitioner used to send petition to the police about the illegal acts of the deceased and he also tried to misbehave the wife of the petitioner in the month of 2020. The deceased shifted his house from Kasimedu to Kadapakkam, when he was arrested and remanded to judicial custody. Hence, this complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) submitted that the investigation is still pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the submission made by the learned Government Advocate (Crl. Side), investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 17/11/2021 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 INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.LAKSHMIKANTH Advocate on payment of necessary charges CRL OP.21143/2021 Date :17/11/2021 RVR 19/11/2021 https://hcservices.ecourts.gov.in/hcservices/