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Madras High CourtCRL OP(MD)/20956/2015dismissed

Syed Sathick v. The Sub Inspector Of Police

2015-11-06Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20956 of 2015 1 SYED SATHICK 2 NIYAS KHAN 3 FAKRUDEEN ... PETITIONERS No. 1 to 3/ ACCUSED No. A2,A6 & A7 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT, (IN CRIME NO. : 195/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.A.S. ALAUDEEN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2, 6 and 7, in Crime No.195 of 2015 on the file of the respondent police, was arrested on 16.10.2015 for the alleged offences punishable under Sections 147, 148, 342, 294(b), 324, 307 and 379 (NH) r/w. Section 120(b) of I.P.C. and hence, seek bail.

2. The case of the prosecution is that on 16.10.2015, when the defacto complainant went to his house, the petitioners along with the other accused attacked the de-facto complainant with aruval and iron rod and taken his mobile phone and caused injury to him.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. It is further submitted that the second petitioner is the Division President of the Social Organization called Popular Front of India in Periyapattinam.

4. The learned Government Advocate (Crl.side) filed a counter affidavit stating that on the basis of the complaint given by one Mohamed Raisudeen, the case in Crime No.195 of 2015 was registered against 10 named persons and 6 unnamed persons and based on the confession given by co-accused, the petitioners names were included. It is further stated that the accused persons are having several previous cases and they are https://hcservices.ecourts.gov.in/hcservices/

usually in the habit of collecting arms and drugs from nearby countries and they are giving military training to the youngsters belongs to a particular religion. The learned Government Advocate (Crl.side) further submitted that the petitioners 2 and 3 were detained under Act 14 of 1982 and they are having link with international terrorist and the investigation is pending and if they are enlarged on bail, they will abscond in the country.

5. Considering the nature of the allegation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed.

sd/- 06/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE SUB INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT, 2 THE OFFICER INCHARGE SUB JAIL RAMANATHAPURAM 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI

ORDER

IN CRL OP(MD) No.20956 of 2015 Date :06/11/2015 AM/MP/SAR-II/19.11.2015/2P/4C https://hcservices.ecourts.gov.in/hcservices/