Desam v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23815 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.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR 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 February 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 submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and she has been falsely implicated in this case. He further submits that based on suspect, the petitioner name was implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submits that due previous motive, the petitioner along with other accused murdered the https://hcservices.ecourts.gov.in/hcservices/
deceased. He further submits that the petitioner is a History Sheeter and the investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Considering the nature of offence charged against the petitioner and also considering that the investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/12/2021 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.23815/2021 Date :09/12/2021 RVR 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/