K.Ram@ Ramkumar v. State Rep. By
C.V.KARTHIKEYAN.,J.
The petitioner who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections as follows:- Sl.
No.
Case No.
Crime No.
offence 1.
Crl.O.P.No.9189 of 2023 392 of I.P.C 2.
Crl.O.P.No.9200 of 2023 356 and 379 r/w 34 of I.P.C 3.
Crl.O.P.No.9207 of 2023 392 of I.P.C 4.
Crl.O.P.No.9213 of 2023 392 and 441 of I.P.C 5.
Crl.O.P.No.9222 of 2023 356 and 379 r/w 34 of I.P.C 6.
Crl.O.P.No.9267 of 2023 392 of I.P.C 7.
Crl.O.P.No.9268 of 2023 356, 379 r/w 34 of I.P.C 8.
Crl.O.P.No.9272 of 2023 392 of I.P.C 9.
Crl.O.P.No.9232 of 2023 356 and 379 r/w 34 of I.P.C 10.
Crl.O.P.No.9281 of 2023 392 of I.P.C 11.
Crl.O.P.No.9282 of 2023 392 r/w 34 of I.P.C 12.
Crl.O.P.No.9290 of 2023 394 r/w 34 of I.P.C 2.The case of the prosecution is that in all cases, it had been unanimously stated that the petitioner had initiated proceeding before the Human Rights Commission, Chennai complaining the human rights violation by six policemen belonging to Dhanvantri Nagar Police Station, Puducherry. On 08.03.2021, when the petitioner visited his father's house the officers are said to have barged into the house, abused him in filthy language and taken him into custody and beat him and caused fracture and ligament damage on his knee. They are alleged to have given him current shock, deprived him of 1/4
food and water, made him sit naked and further threatened him of dire consequence. Consequently, the petitioner's mother had given a complaint before the learned Judicial Magistrate No.I, Puducherry on 09.03.2021. It is stated that representations had also been given to the various authorities and also before the Police Complaint Authority, Puducherry. It is also stated that in all the cases, the name of the petitioner is not found in the First Information Report and that he had been implicated only on the confession of the co-accused. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent. He had been falsely implicated in these cases. Hence, he prays to grant to anticipatory bail to the petitioner.
4. The learned Public Prosecutor for Puducherry appearing for the respondent police submitted that the complainant had been examined by a learned single Judge of this Court in Crl.O.P.No.701 of 2023 on 28.01.2022. He further stated that, all the F.I.Rs are pending. The petitioner is history sheeter and there are 11 cases are pending i.e., 4 cases registered under Section 302 of I.P.C, 1 case registered under Section 503 of I.P.C and 6 cases registered under Sections 379 and 380 of I.P.C. He further submitted that the custodial interrogation is essential. Hence, he opposed for grant of anticipatory bail to the petitioner.
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5.Heard the learned counsel for the petitioner and the learned Public Prosecutor (Puducherry) for the respondent and perused the materials available on record.
6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, it is seen that the main allegation against the petitioner is that A1 to A3 had committal robbery from the years 2019 to 2023 and the petitioner has been implicated on the confession of co-accused. There are 11 previous cases pending against the petitioner. It is specifically seen that the petitioner had provided his house as a safe house to the other accused after they had committed robbery/theft. All these aspects require deep investigation. The stolen properties will have to be recorded. The petitioner has several cases pending against him. This Court is not inclined to grant anticipatory bail to the petitioner.
7.Accordingly, these Criminal Original Petitions are dismissed. 17.10.2023 nvi 3/4
C.V.KARTHIKEYAN,J., nvi 17.10.2023 4/4