Sasikaran v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.13803 and 13805 of 2020 Sasikaran ... Petitioner in Crl.O.P.No.13803 of 2020 Ravikaran ... Petitioner in Crl.O.P.No.13805 of 2020 Vs.

State Rep by Inspector of Police Perambalur Police Station Perambalur District Crime No.1627 of 2020

...Respondent in both Crl.O.Ps.

Common Prayer: Criminal Original Petitions are filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Crime No.1627 of 2020 on the file of the Inspector of Police, Perambalur Police Station, Perambalur District.

For Petitioners in both Crl.OPs.: J.Milton Arul Rajendran For Respondent in both Crl.O.Ps.: Mr.Shunmugarajeswaran Government Advocate(Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 16.07.2020 through P.T. Warrant, for the offence punishable under Section 399 of Indian Penal Code and Section 25(1A) Arms Act 1959, in Crime No.1627 of 2020, on the file of the respondent police, seek bail.

2. The case of the prosecution as per the defacto complainant Manoj, the Sub Inspector of Police, is that on 07.06.2020 while he along with his party was conducting usual rounds, he had seen nine accused were making preparation to commit dacoity and they were arrested and that they have informed that one of their friend Kabilan was done to death. Therefore, they have been trying to raise funds to retaliating the murder. During the course of investigation, it came to light that the petitioners are brothers and are Srilankan refugees and they had conversation with the other accused. Hence, the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners are brothers and they are Srilankan refugees and they have been falsely implicated in this case. He would submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioners have been suffering incarceration from 16.07.2020 and that they are prepared to abide by any stringent condition. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that the petitioners were formally arrested in this case on 16.07.2020 based on certain telephonic conversation intercepted between the petitioners and the other accused. He produced the list of cases pending against the petitioners and submitted that the petitioners are notorious offenders and several cases are pending against them. He would further submit that the petitioners are Srilankan refugees and if bail is granted, there is every possibility of absconding and they may not be available for trial in this case as well as in the other cases. Hence, he vehemently opposed for grant of bail to the petitioners.

5. Taking into consideration that the petitioners are notorious offenders and there are several cases pending against them and the investigation is still pending, this Court is not inclined to grant bail to the petitioners for the present. Accordingly, these Criminal Original Petitions stand dismissed.

-sd/- 07/09/2020 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, PUZHAL, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

CC to M/S.J.MILTON ARUL RAJENDRAN Advocate on payment of necessary charges Crl.O.P.Nos.13803 and 13805 of 2020 Date :07/09/2020 RVR 25/09/2020 https://hcservices.ecourts.gov.in/hcservices/