Mohan @ Attu Mohan v. State By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 25.10.2021 for the alleged offence under Sections 120-B, 109, 147, 143, 148, 341, 302 I.P.C. r/w 149 of I.P.C. and Sec.3, 4 of Explosive Substances Act, 1908 read with Sec.301, 149 I.P.C. in S.C.No.58 of 2022 pending trial on the file of III Addl. District and Sessions Judge, Puducherry in Crime No.185 of 2021 on the file of the respondent police, seeks bail.
2. The case of prosecution is that on 24.10.2021 around 14.30 hours at Rajarajan Street, Vanarapet, Puducherry, due to previous enmity, the petitioner along with other accused formed themselves into an unlawful assembly with a common object and waylaid the defacto complainant's son Sathish @ Bomb Ravi and his friend Baride Antony Stephen, thereby hurdled country made bomb and also assaulted them with deadly weapon, as a result of which, they said to have committed murder of defacto 1/5
complainant's son. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and co-accused was released on bail. He would submit that the petitioner has been suffering incarceration for more than 2 years 5 months from 25.10.2021. Hence, he prayed to grant bail to the petitioner.
4. The learned Public Prosecutor (Pudy.) appearing for respondent would submit that it is a double-murder case and the petitioner is arrayed as A21 in this case. He would submit that on the date of occurrence, due to previous enmity, the petitioner along with other accused conspired and attacked the defacto complainant's son with deadly weapon, due to which he sustained grievous injury and died. He would submit that the case is in 2/5
end of trial stage and he is an history sheeter. He would submit that he is close associate of one Manikandan @ Murder Manikandan, and on his instigation, he committed this offence and conspired with other accused persons by lending financial and legal support through illegal means. He would submit that the murder was committed by the accused persons very brutally by hurling country made bombs and assault by knifes in a day time, which had created panic in the minds of general public and it is a sensational and double murder case in Puducherry region and the petitioner alone arranged weapons to prosecute the murder. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation. He would submit that already final report was filed, however, the concerned I.O. had filed application seeking for further investigation. Hence, he vehemently opposed to grant bail to the petitioner.
5. On seeing facts, it reveals that it is a case of double murder and the murder was committed by the accused persons very brutally by hurling country made bombs and assault by knifes in a day time, which had created panic in the minds of general public and it is a sensational and double murder case in Puducherry region and the petitioner alone arranged 3/5
weapons to prosecute the murder. It also further reveals that due to previous enmity, all the accused conspired together and committed the murder, in which the petitioner had actively participated. Moreover, the investigation was completed and the final report was filed and the case was taken on file in S.C.No. 58 of 2022 and now the trial is at the stage of examination of I.O. Furthermore, earlier there is a direction given by this court to complete the trial within a period of four months and now the trial is going to be completed and at this stage, the trial proceedings would be stalled and if at all, he is released on bail, he may abscond and there is possibility of tampering evidence and hampering investigation. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
29.04.2024 rpp 4/5
T.V. THAMILSELVI, J.
rpp Crl.O.P.No. 10399 of 2024 29.04.2024 5/5