Ravichandran v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2019
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.A(MD)Nos.239 and 240 of 2019 Ravichandran Manickamoorthy : Appellants/A9 and A10 Vs.
1.The Commissioner of Police, Madurai City.
:1st Respondent in both cases 2.The Inspector of Police, B6, Jaihindpuram Police Station, Madurai.
: 2nd Respondent/Respondent/ Complainant in both Cases 3.Mr.Ramakrishnan : 3rd Respondent/De-facto Complainant in both cases.
COMMON PRAYER:
Criminal Appeals are filed under section 14A(2) of the Scheduled casts and Scheduled Tribes (Prevention of Atrocities)Ament Act, 2015 to set aside the order passed by the learned IIIrd Additional District and Sessions Judge(PCR), Madurai made in Crl MP Nos.523 and 525 of 2009 dated 23.05.2019 respectively and enlarge the petitioner on bail, pending investigation in Crime No.202 of 2019 on the file of the 2nd Respondent.
For Appellant : Mr.R.J.Karthick For R1 and R2 : Mr.R.Anandharaj Additional Public Prosecutor For 3rd Respondent : No appearance (in both cases)
JUDGMENT
This Criminal Appeals have been filed against the order, dated 23.05.2019 passed in Crl.M.P.Nos.523 and 525 of 2019 on the file of the III Additional District and Sessions Judge, (PCR), Madurai.
2.The Appellants/A9 and A10, who were arrested and remanded to judicial custody in connection with a case in Crime No.202 of 2019 for the alleged offences under Sections 147, 149, 294(b), 341,
302, 506(ii) of IPC @ 120(b), 147, 148, 294(b), 341, 302, 506(ii) IPC and Section 3(2)(V) of SC/ST (POA) Act, seek appeal bail. 3.The learned counsel appearing for the appellants submitted that the appellants are innocent persons and they have been falsely implicated in this case and they have nothing to do with the alleged occurrence and they have been in jail for more than 45 days. 4.The learned Government Advocate (Criminal side) appearing for the respondents 1 and 2 submitted that the earlier bail applications filed by the appellant were dismissed and in this case, three persons belong to Schedule community were brutally murdered and five persons were severely injured and houses of the schedule caste people were damaged and there is also life threat for victims and witnesses 5.Heard the learned counsel appearing on either side and perused the materials available on record.
6.It seen from the records that the petitioner along with the other accused brutally murdered three persons belonging to schedule community and five persons were severely injured and houses of the scheduled caste people were damaged and because of the brutal attack against the scheduled community people, police personnels were deployed in and around the crime spot to prevent untoward incidents. It is also seen that after the occurrence, one of the victim filed a petition seeking police protection and on the very next day of filing the police protection petition, the victim was murdered. Further, SLP is pending before the Hon'ble Apex Court. 7.In view of the above circumstances, this court is of the considered view that if the appellant is released on bail, certainly, his presence will cause apprehension in the minds of the victim as well as the witnesses.
8.Accordingly, these criminal appeals stand dismissed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To, 1.The Judicial Magistrate No.IV,Madurai.
2.The Chief Judicial Magistrate, Madurai.
3.The III Additional District and Sessions Judge(PCR), Madurai. 4.The Commissioner of Police, Madurai
5.The Inspector of Police,B6, Jaihindpuram Police Station, Madurai. 6.The Superintendent, Central Prison, Madurai.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2cc to Mr.R.J.KARTHICK, Advocate, SR.No. 69566 Crl.A(MD)Nos.239 and 240 of 2019 18.06.2019 ER KK/SAR/01.07.2019/3P-10C