Madras High CourtCRL OP/10115/2021dismissed

Thanigaivel@Thaniga v. State Represented By

2021-06-10Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.10115, 10118 & 10119 of 2021 M.Thanigaivel @ Thaniga ... Petitioner/Accused - 5 in Crl.O.P.No.10115/2021 1.M.Thanigaivel @ Thaniga 2.T.Vasanth @ Vasa ... Petitioners/Accused - 2,3 in Crl.O.P.No.10118/2021 T.Vasanth @ Vasa ... Petitioners/Accused - 5 in Crl.O.P.No.10119/2021 Vs.

The State represented by, ... Respondent/Complainant The Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

(Crime Nos.11 of 2019, 437 & 307 of 2018) COMMON PRAYER: Criminal Original Petitions filed under Section 439 Cr.P.C. praying to enlarge the petitioners on bail pending investigation in Crime Nos.11 of 2019 and 437 & 307 of 2018, on the file of the respondent police.

For Petitioners : Mr.R.Ramachandran in all petitions For Respondent : Mr.E.Raj Thilak Government Advocate (Crl.Side) in all petitions COMMON ORDER (The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 13.03.2021, for the offence punishable under Section 399 of I.P.C and Section 25 (1) (a) of ARMS Act, in Crime Nos.11 of 2019 and 437 & 307 of 2018, seek bail.

2.The case of the prosecution in the cases is that from the petitioners, two knives and iron rod were seized. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners never involved in the above said offences as alleged by the respondent Police, and they were not at all present at the place of occurrence at that time. The respondent police having prior enmity with the petitioners, they wantonly implicated the petitioners in the above said cases. Hence, he seeks for grant of bail to the petitioners.

The learned Government Advocate(Crl.side) would submit that in these cases, the petitioners were arrested and remanded to judicial custody on 13.03.2021, and they are habitual offenders and history sheeters. The petitioners have involved in 19 cases so far, in which two cases were registered for the offences under Section 302 of IPC. All the cases are in the stage of PRC and also investigation are going on. As far as the present cases are concerned, they were arrested and remanded to judicial custody on 13.03.2021 and charge sheet was filed. Even till today, they are pending for committal. Therefore, he vehemently opposed to grant bail to the petitioners. 5.

It is seen that the petitioners are habitual offenders and history sheeters. It is also submitted that in the present cases, charges sheet has been laid and it is pending for committal. Further the petitioners have involved in 19 previous cases including two cases registered for the offences under Section 302 of IPC, the details of which are extracted below.

Thaniga @ Thanigaivel B3 Police Station Cr.No.901 of 2001 Sections 147, 294(b), 323 B3 Police Station Cr.No.809 of 2009 (b), 324, 307 IPC r/w 3&4 of TNPPDL Act PT B3 Police Station Cr.No.1162 of 452, 506(ii), 307 IPC - PT B1 Police Station Cr.No.117 of 2016 Sections Man missing @ 147, 148, 364, 323, 324, 302, 201, 120(b) IPC - PT B1 Police Station Cr.No.618 of 2016 294(b), 397, 506(ii) IPC r/w 3(1) of TNPPDL Act-PT B1 Police Station Cr.No.241 of 2017 Sections 302 IPC @ 147, 148, 302, 109 & 120(b) IPC - PT B3 Police Station Cr.No.1249 of Sections 147, 148, 341, 307 of IPC & 3 (a) Explosive Substances Act, 1908-NTF B1 Police Station Cr.No.708 of 2017 Sections 294(b), 307, 392, 397, 506(ii) IPC UI B1 Police Station Cr.No.483 of 2018 Sections 294(b), 307, 392, 397, 506(ii) IPC UI

B1 Police Station Cr.No.437 of 2018 Sections 399 IPC & 25 (i) of Arms Act, 1959-UI B3 Police Station Cr.No.531 of 2018 Sections 448, 294(b), 324, 506(ii) IPC and 307 IPC - UI B2 Police Station Cr.No.294 of 2017 Sections 25(1B) (a) of Indian Arms Act 1959 - UI for (Collector opinion) B3 Police Station Cr.No.541 of 2018 Sections 399 of IPC - UI Dusi Police Station Cr.No.615 of 2009 Sections 120(b), 147, 148, 341, 324, 323, 307 of IPC r/w 3 & 4 of TNPPDL & Explosive Act 98 PT B1 Sivakanchi PS Cr.No.11 of 2019 Sections 399 of IPC Cheyyar PS Cr.No.686 of 2019 Sections 147, 148, 302 of IPC r/w 3(i) of TNPPDL Act - UI B1 Sivakanchi PS Cr.No.24 of 2020 (b), 324, 307, 506(ii) IPC B1 Sivakanchi PS Cr.No.25 of 2020 Sections 392, 397 of IPC B1 Sivakanchi PS Cr.No.26 of 2020 324, 397, 307, 506(ii) of Vasanth @ Vasa B1 Police Station Cr.No.

117 of 2016 Sections Man missing @ 147, 148, 364, 323, 324, 302, 201, 120(b) IPC - PT B1 Sivakanchi PS Cr.No.32 of 2015 (b), 323, 307 IPC - PT B1 Sivakanchi PS Cr.No.241 of 2017 Sections 302 of IPC - PT B2 Vishnu Kanchi PS Cr.No.555 of 2018 Sections 294(b), 324, 307, 506(ii) IPC r/w 3(i) of TNPPDL Act B6 PS Cr.No.364 of 2017 Sections 341, 294(b), 392, 506(ii) IPC - PT B3 PS Cr.No.889 of 2017 Sections 294(b), 323, 307 IPC - IU B3 PS Cr.No.

B1 PS Cr.No.594/17 Sections 399 IPC - IU B1 PS Cr.No.307/18 Sections 399 IPC - IU B1 PS Cr.No.437/18 Sections 399 IPC & 25(i) Arsm Act - IU B1 PS Cr.No.483/18 Sections 294(b), 307, 392, 397, 506(ii) IPC - IU B1 PS Cr.No.825/15 Sections 399 IPC - PT B1 PS Cr.No.1286/15 Sections 399 IPC - PT B1 PS Cr.No.956/16 Sections 294(b), 397, 506 (ii) IPC r/w 3(i) of TNPPDL Act - PT B3 Kanchi Taluk PS Cr.No.889/17 Sections 294(b), 323, 307 B1 Sivakanchi PS Cr.No.24 of 2020 (b), 324, 307, 506(ii) IPC B1 Sivakanchi PS Cr.No.25 of 2020 Sections 392, 397 IPC B1 Sivakanchi PS Cr.No.26 of 2020 324, 397, 307, 506(ii) PC B2 Vishnukanchi PS Cr.No.31 of 2020 Sections 294(b), 324, 506 (ii) IPC 6.

Therefore, at this stage, if the petitioners are released on bail, they will abscond and stall the entire trial proceedings. As such this Court is not inclined to grant bail to the petitioners. 7.

Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 10/06/2021 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 DISTRICT AND SESSIONS COURT NO.II, KANCHEEPURAM.

2 THE JUDICIAL MAGISTRATE- I, KANCHEEPURAM.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, SIVA KANCHI POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+3 CC to M/S.R.RAMACHANDRAN Advocate on payment of necessary charges SR.NO.6429, 6430, 6431 CRL OP.10115, 10118 & 10119/2021 Date :10/06/2021 TA-08/07/2021