Mohammed Irfan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9606 of 2022 MOHAMMED IRFAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, CRIEM NO. 165/2022 For Petitioner : M/S.R.PRABAKAR Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested on 21.02.2022 for the offences punishable under Sections 148, 307 and 506(ii) of IPC, Section 28 of Arms Act and Sections 13, 38, and 39 of Unlawful Activities Prevention Act, in Crime No.165 of 2022, on the file of the respondent police, seeks bail.

2. The case of the petitioner is that he is an innocent person, who was engaged by the prime accused Sathik Batcha against whom the respondent police had adverse information and intercepted the Scorpio car, in which, the said Sathik Batcha was travelling.

3. However, the learned Additional Public Prosecutor appearing for the respondent submits that the petitioner herein is the driver of the Scorpio car. When the car was stopped for search, Sathik Batcha was travelling in the car wielded a gun and threatened the officials. The search of car resulted in recovery of huge amount of ammunition, air rifle, gun and a hand cuff. Further investigation https://hcservices.ecourts.gov.in/hcservices/

has indicated that these arms and ammunition were transported to train the members of out fit banned by the State. She further submits that after completion of investigation, final report already filed for offence under @ Sections 147, 307 and 506(ii) of IPC and Section 13 and 39 of Unlawful Activities Prevention Act and Section 28 of Arms Act.

4. Considering the nature of the case and the petitioner though claims to be innocent person and driver of the Scorpio car of Sathik Batcha, investigation proved otherwise indicates that the petitioner with knowledge had transported arms and ammunition and Sathik Batcha in his vehicle and the release of this petitioner may lead to abscondence, therefore, this Criminal Original Petition is dismissed.

-sd/- 27/04/2022 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.PRABAKAR Advocate on payment of necessary charges CRL OP.9606/2022 Date :27/04/2022 RW 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/