Sam Samvel v. State Through, The Inspector Of Police

CRL OP NO. 32323 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32323 of 2024 B.Sam Samvel S/o.Babu, No.1032,Vinayagapuram 5th Street, Kattupakkam, Chennai - 600 056 Petitioner(s) Vs State Through The Inspector of Police, T-15,SRMC Police Station, Avadi, Chennai District (Crime No.760 of 2024) Respondent(s) For Petitioner(s):

Mr. V.VADIVALAGIA NAMBI Mr. V.VADIVALAGIA NAMBI For Respondent(s):

Mr. S. Santhosh, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(1) 191(2), 126(2), 296(b), 115(2), 118(1), 109 and 351(3) of the Bharatiya Nyaya Sanhita, (BNS), 2023, in Crime No.760 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused due to previous enimity that originated while they were in jail, abused the de-facto complainant and assaulted him with lethal weapons and thereby, he sustained grievious injuries. Hence, the complaint.

3. Learned counsel petitioner submitted that the petitioner name does not find place in the First Information Report and that he has been falsely implicated in this case. He further submitted that the petitioner is willing to abide by any condition that may be imposed by this Court. Therefore, he prays for the grant of anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal side) appearing for the respondent police submits that the petitioner is a habitual offender, with 10 previous cases pending against him. Furthermore, he submitted that the petitioner, along with other accused was present at the scene of occurrence and caused grievous injuries to the de-facto complainant. The petitioner is arrayed as A9. The other accused A1 to A8 were arrested and are still in jail. Therefore, if the petitioner is granted anticipatory bail, there is a possibility that he will harm the de-facto complainant.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl Side) for the respondent and perused the entire materials available on record.

6. This is the first application for anticipatory bail. Taking into consideration the facts and circumstances of the case, as well as the petitioner's assault on the defacto complainant, which caused grievous injuries, and he has also having 10 previous cases, and also taking note of that the co-accused were arrested and are still in jail, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 02-01-2025 klt To State through The Inspector of Police, T-15,SRMC Police Station, Avadi, Chennai District (Crime No.760 of 2024)

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No.32323 of 2024 02-01-2025