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Madras High CourtCRL OP(MD)/4647/2015dismissed

Palaniselvam v. The Sub Inspector Of Police

2015-03-19Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.4647 of 2015 PALANISELVAM ... PETITIONER/ACCUSED NO.5 Vs THE SUB INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, SRIVILLIPUTTUR, VIRUDHUNAGAR.

(CRIME NO 102 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.ANTONY ARUL RAJ 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 364(A), 294(b), 323 and 506(i) IPC and 109 r/w 34 IPC in Crime No.102 of 2015 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 defacto complainant is that on 10.02.2015 around 05:30 in the morning, when he was going for a walk, he was accosted by three persons and bundled him into an Auto Rickshaw bearing Reg.No.TN-67 V 6678. He started making a hue and cry that attracted the attention of lorry load men, who intercepted the Auto Rickshaw and rescued the defacto complainant. They also caught two of the accused and one of them escaped. The apprehended persons along with the Auto Rickshaw were handed over to the Police and the present case came to be registered.

4. According to the learned counsel for the petitioner, the wife of the defacto complainant had received money from this petitioner on the promise of getting him a Government job and in order to cover up that offence, this case has been foisted by the defacto complainant.

5. I am unable to persuade myself to agree with his plea, because, the defacto complainant in his complaint itself has stated about the involvement of his wife in the job racketing case and he https://hcservices.ecourts.gov.in/hcservices/

has not suppressed any fact. Abductors were caught red handed by lorry load men, who were incidentally passing through that area and they were handed over to the Police along with the Auto Rickshaw. In the confession statement of the arrested accused, the involvement of this petitioner has been clearly stated. Therefore, this is not a fit case to grant anticipatory bail to this petitioner in the light of the serious nature of allegations against him. Hence, the Criminal Original Petition is dismissed.

sd/- 19/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUB INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, SRIVILLIPUTTUR, VIRUDHUNAGAR.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SR : 24.03.2015 : 2P/3C

ORDER

IN CRL OP(MD) No.4647 of 2015 Date :19/03/2015 https://hcservices.ecourts.gov.in/hcservices/