Madras High CourtCRL OP(MD)/11154/2020dismissed

Ajith@Ajith Kumar v. The Inspector Of Police

2020-10-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.OP(MD).No.11154 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL.OP(MD).No.11154 of 2020 Ajith @ Ajith Kumar ...Petitioner/Accused Rank Not Known Vs The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Cr.No.807 of 2020) ... Respondent/Complainant For Petitioner : Mr.S.Kameswaran, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.807 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A3, apprehending arrest at the hands of the respondent police for the offence punishable under sections 147, 148, 448, 323, 294(b), 337, 427, 506(ii) IPC, in Crime No.807 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to some previous motive on 03.10.2020 the petitioner and others trespassed into the defacto complainant's shop and abused him and also attacked him and ransack entire medical shop.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Due to previous enmity, the defacto complainant foisted a false allegation as against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.OP(MD).No.11154 of 2020 5.The learned Government Advocate (Crl.Side), appearing for the respondent police submitted that there are totally eight accused, in which, the petitioner is arrayed as A3. On 03.10.2020 due to previous motive, the petitioner and others trespassed into the defacto complainant's shop and attacked him and also ransack the entire shop and also damaged the shop to the tune of Rs.4,00,000/-. 6.It is seen that totally there are eight accused, in which the petitioner is arrayed as A3. In day life, due to previous motive the petitioner and other accused trespassed into the defacto complainant's shop and attacked him with dire consequence and also damaged the shop. The loss runs to more than Rs.4,00,000/-. 7.

Considering the above facts and circumstances of the case and considering the fact that, the petitioner and others committed serious offence and it is also published in the social media. It revealed that in the manner in which, the petitioner and other accused involved in this crime and as such, this Court is not inclined to grant anticipatory bail to the petitioner. 8.Accordingly, the Criminal Original Petition stands dismissed. sd/- 12/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11154 of 2020 Date :12/10/2020 VSD PK/SMA/SAR-4/15.10.2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2