Vairamuthu v. State Rep By Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.2949 of 2022 IN PRC NO.53 OF 2021 (ON THE FILE OF THE LEARNED JUDICIAL MAGISTRATE II, CHENGALPATTU) VAIRAMUTHU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, MARAIMALAI NAGAR POLICE STATION, CHENNGALPATTU.
For Petitioner : M/S.ASWIN PRASANNA Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest by the respondent police for the offences punishable under Sections 4(b)(i) and 5 of the Explosive Substances Act, 1908 r/w 109 Indian Penal Code, 1860, in P.R.C.No.53 of 2021, on the file of the Judicial Magistrate Court II, Chengalpattu, is before this Court seeking anticipatory bail. 2.
The petitioner herein is an absconding accused in the case of murder using explosive. The First Information Report indicates that a rival between the two groups has lead to elimination of one Thirumaran, in which the role played in conspiracy and abatement has been spoken by one of the accused in his confession statement. Further the petitioner is still at large and moved this anticipatory bail petition.
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3.
Meanwhile, the prosecution has completed the investigation and laid final report showing the petitioner as an absconding accused. If the anticipatory bail granted, the petitioner will not participate in the trial. Further he has come before this Court after one year, since he has been searched by the Police.
4.
The learned Government Advocate (Crl. Side) further says that the petitioner is the history sheeter and in six cases the investigation is pending; four cases warrant pending for his appearance. Most of the cases are either murder and attempt to murder. 5.
Considering the antecedent of the petitioner, this Court is not inclined to entertain this anticipatory bail petition. 6.
Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/03/2022 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 JUDICIAL MAGISTRATE, NO.II, CHENGALPATTU.
2 THE SUB INSPECTOR OF POLICE MARAIMALAI NAGAR POLICE STATION, CHENNGALPATTU.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.ASWIN PRASANNA Advocate on payment of necessary charges CRL OP.2949/2022 Date :03/03/2022 RW 17/03/2022 https://hcservices.ecourts.gov.in/hcservices/