Vijay v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25350 of 2021 VIJAY [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] B-1, THIRUVALLUR TOWN POLICE STATION, TIRUVALLUR DISTRICT.

(CRIME NO.925/2021) For Petitioner : M/S P.MUTHUKUMARASAMY 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 294(b), 307, 323, 324 and 353 of IPC in Crime No.925 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 27.09.2021 the defacto complainant was returning home on his bike after dropping his colleague near the Thiruvallur Oil Mill when he saw the 3 accused who were on a bike with number plate bearing "TN 13 1725" grab the phone from a person who was using his phone on the road and ride away quickly. The said incident is alleged to have occurred close to GRT Jewellers, Thiruvallur. The defacto complainant, being a policeman himself, went after the 3 accused on his bike and on realising that they were being followed, the accused stopped their bike at Manavaalanagar Bridge, Thiruvallur Railway Station and began to threaten the defacto complainant with sticks, abuse him verbally and physically assault him for following them. The defacto complainant has also alleged that the accused had threatened to kill him and had subsequently hit his head with the stick before escaping from the scene. Hence the complaint.

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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 Additional Public Prosecutor submitted that 2 previous cases pending against A3. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case, A1 to A3 were already arrested, like nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/01/2022 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, B-1, THIRUVALLUR TOWN POLICE STATION, TIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S P.MUTHUKUMARASAMY Advocate on payment of necessary charges CRL OP.25350/2021 Date :07/01/2022 INBA~20/01/2022 https://hcservices.ecourts.gov.in/hcservices/