C. Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22476 of 2015 1 C. SELVAM 2 N. SUSENDRAN 3 P. RASU ... PETITIONERS/ACCUSED No. NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARUPAYURANI POLICE STATION, MADURAI.
CR NO.191/2015. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.MUTHAL RAJ ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,341,294(b), 435 and 307 of IPC and Section 3 of TNPPDL Act in Crime No.191 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the de facto complainant, who is the driver of the Transport Corporation, while driving the bus bearing Regn.No.TN-58-N-1338, on 06.08.2015, one identified man waylaid the vehicle and scolded him in filthy language and at that time three persons came out of Tata Sarafi Car bearing Regn.No.TN-59-BB-8580 with petrol in two litters Miranda bottle and poured the same on the bus and set fire and also threatened the de facto complainant and passengers in the bus. Therefore, a case has been registered against the petitioners.
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. He further submitted that only on the confession of A1, the petitioners have been falsely implicated in this case.
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4. The learned Government Advocate (Crl. Side) filed counter affidavit and submitted that on 06.08.2015, when the de facto
complainant was driving the vehicle, one identified person waylaid the vehicle and scolded him in filthy language and at the same time three other persons got down from the Tata Safari Car and poured the petrol and set fire on the bus and caused damage to the vehicle. He further submitted that A1 was detained under Act, 14 of 1982 and the investigation of the case is pending.
5.Considering the gravity of offence and the also considering the fact that the detention order passed against A1 and that the petitioners poured petrol on the bus and set fire and that the petitioners threatened the passengers and the driver of the bus, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE INSPECTOR OF POLICE, KARUPAYURANI POLICE STATION, MADURAI,
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MUTHAL RAJ Advocate SR.No. 69928
ORDER
IN CRL OP(MD) No.22476 of 2015 Date :07/12/2015 TRP TE/AAL-MPA/SAR-I : 16/12/2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/