Subash Karan@ Jeevan@Raja@ v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.5490 of 2018 SUBASH KARAN@ JEEVAN @ RAJA @ PRABHA ... PETITIONER/ACCUSED No.4 Vs STATE REP.BY, THE INSPECTOR OF POLICE, Q BRANCH, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
IN CRIME NO.01/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.L.M.VIJAI BOOMINATHAN, Advocate For Respondent : MR.M.ASOKAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / A4, who was remanded on 25.07.2015 in Crime No.1 of 2015 on the file of respondent police for the offence punishable under Sections 10(a)(i), (iv) and 38(1) of unlawful Activities Prevention Act, 1967 Section 3(a) read with 12(1) (a) Passport Act, 1967, Section 3, 14(c) Foreigners Act, 1946, Section 6 Poisons Act, 1919 and Section 419 of Indian Penal Code, seeks bail. 2.The learned Government Advocate (Criminal Side) appearing for the respondent submitted that this petition is the sixth application seeking bail and the petitioner is arrayed as Accused No.4 in S.C.No.7 of 2016 pending on the file of the learned Sessions Judge, Ramanathapuram.
The learned Government Advocate (Criminal Side) further submitted that entire prosecution witnesses were examined in this case and the arguments were also submitted on the side of the prosecution and the case is now posted for defence side arguments. The case is hearing the stage of disposal. If the petitioner is released on bail, at this stage, petitioner will abscond from clutches of law and the progress of pending Sessions case will be affected. Hence, the learned Government Advocate strongly opposed for granting bail to the petitioner at this stage. https://hcservices.ecourts.gov.
It is further stated that the petitioner is a Srilangan refugee and he is the Member of LTTE Group, which is a banned Organisation. 3.At this stage, considering the objections raised by the learned Government Advocate (Criminal Side) and also the stage of the sessions case in S.C.No.7 of 2016 pending on the file of the learned Sessions Judge, Ramanathapuram is hearing the stage of disposal, this Court is not inclined to grant bail to the petitioner.
4.Accordingly, this Criminal Original Petition is dismissed.
sd/- 18/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE Q BRANCH, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
2 THE SUPERINTENDENT , CENTRAL PRISON, PUZHAL, CHENNAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5490 of 2018 Date :18/04/2018 PK/RR/SAR-1/02.05.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/