Vasanthakumar @ Vasanth v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Fourth day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15256 of 2022 VASANTHAKUMAR @ VASANTH [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.
(CRIME NO.126 OF 2022) For Petitioner : M/S.N.PALANIVEL Advocate For Respondent : MR.A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 21.05.2022 for the offences punishable under Sections 147, 285, 426 and 34 of IPC r/w Sections 3 and 4(a) of Explosive Substances Act in crime No.126 of 2022 on the file on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 14.05.2022 at 04.30 a.m., when the defacto complainant was standing in front of his house, some unknown persons came to his house and set ablaze the Royal Enfield two wheeler bearing registration No.TN-99 P 4001 belonging to defacto complainant and left from that place. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Further, since some cases were pending before the respondent police, on suspicion, confession statement was obtained from the petitioner under force and coercion. Hence, he prays for grant of bail to this petitioner.
4. The Additional Public Prosecutor appearing for the respondent police would submit that earlier the defacto complainant had given loan of Rs.12,50,000/- to a person, who failed to repay the same. As https://hcservices.ecourts.gov.in/hcservices/
such on initiating criminal proceedings, he was arrested and remanded to judicial custody. Thereafter, the petitioner, who is a local rowdy and having 14 previous cases, had negotiation with the defacto complainant and forced him to get Rs.5,00,000/- instead of Rs.12.5 lakhs. He also threatened the defacto complainant and also damaged his bike. Hence, he vehemently opposed to grant bail to the petitioner.
5. It is seen that the petitioner met the person who failed to repay the loan amount borrowed by him and assured that he will take care of the matter. Thereafter, he threatened the defacto complainant with dire consequences and compelled him to receive only a sum of Rs.5,00,000/- instead of Rs.12.5 lakhs. He also threw petrol bomb and set ablaze the two wheeler of the defacto complainant.
6. Considering the above, this Court is not inclined to grant bail to the petitioner. Further, the earlier bail petition filed by the petitioner in Crl.OP.No.13623 of 2022 was dismissed on 14.06.2022 and this is the second bail petition. Even then, there is no change of circumstances in this case. Accordingly, this criminal original petition is dismissed.
-sd/- 04/07/2022 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 OFFICER INCHARGE, SUB JAIL, TIRUTHURAIPOONDI 2 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.N.PALANIVEL Advocate on payment of necessary charges CRL OP.15256/2022 Date :04/07/2022 RVR 08/07/2022 https://hcservices.ecourts.gov.in/hcservices/