Kalai @ Kalaiarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2873 of 2015 KALAI @ KALAIARASAN ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

IN CR.NO.135 OF 2014.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.A. SARAVANAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 120 (b), 212, 302, 294(b), 324 and 506(ii) IPC in Crime No.135 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The case of the prosecution is that on 25.07.2014 around 08:30 in the evening, while the deceased was in the shop of the defacto complainant watching television, some four persons entered the shop with deadly weapons and started indiscriminately attacking the deceased and caused his death.

4. Learned counsel for the petitioner submitted that the deceased is a notorious rowdy and has several cases to his credit and therefore, he could have been killed by anyone of the rivals and this petitioner has nothing to do with the alleged offence.

5. Even in the complaint, it is stated that the deceased has several criminal cases to his credit. During the course of investigation, Police arrested several accused and in the confession statement of one Vicky @ Vigneshwaran, the role played by this petitioner has been vividly described. It is seen that it was this petitioner, who had brought the assailants in Mahindra Verito Van bearing Reg.No.TN 55 AH 7320 to the place of occurrence and after the assailants attacked the deceased, they got into the Van driven by this petitioner and escaped.

6. Learned counsel for the petitioner also submitted that this Court and the Court below granted bail to several of the co-accused in this case.

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7. Be that as it may, the grant of bail to the co-accused cannot be a good reason to grant anticipatory bail to this petitioner, especially in the light of the serious nature of allegations against him. Under such circumstances, this Court is not inclined to grant anticipatory bail to this petitioner and hence, the Criminal Original Petition is dismissed. sd/- 26/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

2.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.A. SARAVANAN Advocate SR.No.9109

ORDER

IN CRL OP(MD) No.2873 of 2015 Date :26/02/2015 rg.26.02.2015 2p.4c.

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