N.Praveen Kumar v. Inspector Of Police

Reserved On 08.09.2023 Pronounced On RMT.TEEKAA RAMAN, J.

The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 341 and 506(ii) of IPC in Crime No.172 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that, de-facto complainant, a student of Saint Thomas College, Koyambedu along his friend went to Presidency College to enquire about the fee structure and while they were walking in the Subway at Park Bus stop, this petitioner along with other accused, who are all the student of Pachiyappas College, waylaid them and taken them to the Mylady Park and threatened them not to join in the Presidency College and assaulted them with hands and wooden log. Hence, the complaint.

3. The learned counsel for the petitioner submitted that petitioner is studying 1st year at Presidency College. He has not committed any offence as alleged by the prosecution. Being the friend of Al, this petitioner has been falsely implicated in this case. He further submitted that one of the co-accused is arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) stated that de-facto complainant is a student of St. Thomas College, Koyambedu. When he was going to Presidency College to enquiry about the fees structure along with his friend, the accused have intervened and assaulted them with wooden logs. Co-accused who was granted bail has a different overt act against him and hence, the petitioner cannot claim parity with that of the co-accused to enlarge him on anticipatory bail. He also produced the CCTV footage.

5. After perusing the CCTV footage and also taking note of the submissions and the specific over act of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

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RMT.TEEKAA RAMAN, J.

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