Chinnasamy v. State Through Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) NoS.12247,12256 AND 12295 of 2016 1 CHINNASAMY -A2 2 RAJESWARAN -A4 3 MUTHU -A5 4 RAMANCHANDRAN @ RAMANCHANDRA PANDIAN -A6 5 MANIKANDAN -A7 6 CHINNA PANDI -A8 7 SENTHIL -A9 8 RAVI -A10 9 PADITHURAI -A24 10 PANDEESWARAN -A14 11 ALAGAR @ RAMACHANDRAN -A16 12 VIJAYA KUMAR -A17 13 MAYILRAKKAI VIYAPARI NARAYANA SAMY @ NARAYANAN -A18 14 GNANAVEL -A19 15 SANKAR -A20 16 KALI @ KALIDASS -A21 17 BALA MURUGAN -A22 18 DEEPAK -A23 19 KARTHICK @ KARTHICK RAJA -A25 20 PANDEESWARAN -A26 21 SRI RAM @ SURESH -A27 22 BALA MURUGAN -A28 IN CRL OP(MD)NO.12247/2016 1 DURAI -A11 2 VELU @ VELUMURUGAN -A13 3 TAMILARASI -A15 ... PETITIONERS/ACCUSED NO.11,13,15 IN CRL OP(MD)NO.

12256/2016 1 VIJAYA KUMAR -A2 2 KALI @ KALIDASS -A4 3 DEEPAK -A6 ... PETITIONERS/ACCUSED NO.2,4 & 6 IN CRL OP(MD)NO.12295/2016 Vs STATE THROUGH INSPECTOR OF POLICE, MALLANKINARU POLICE STATION, VIRUDHUNAGAR, CRIME NO.93 OF 2016. RESPONDENT/COMPLAINANT IN CRL OP(MD)NO.12247,12256/2016 & IN ALL THE PETITIONS CRIME NO.92 OF 2016 IN CRL OP(MD)NO.

For Petitioner : M/S G.MARIAPPAN Advocate IN ALL CASES For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

IN CRL OP(MD)NO.12247,12295/2016 PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. IN CRL OP(MD)NO.12256/2016 ORDER : The Court Made the following order :- The petitioners who are arrayed as accused in Crl.O.P(MD). No.12247 of 2016, were arrested and remanded to judicial custody on 05.06.2016 and the petitioners who are arrayed as accused is Crl.O.P (MD).No.12256 of 2016, apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147,148,294(b),323,324,506(ii), 492, 336, 307 @ 302 of IPC in Crime No.93 of 2016, on the file of the respondent police and hence, seek bail and anticipatory bail respectively.

The petitioners who are arrayed as accused in Crl.O.P(MD). No.12295 of 2016 apprehend arrested at the hands of the respondent Police for the alleged offence punishable under Sections 147,148, 341, 294(b),323,324 and 506(ii) of IPC and U/s. 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No. 92 of 2016 seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity in the election, on 02.06.2016, the petitioners and other accused persons belonging to their group attacked the group of defacto complainant, in which number of persons injured and one person died. On complaint, a case has been registered against the petitioners. 3.It is submitted by the learned counsel for the petitioners that only the defacto complainant's group attacked the accused group and due to this, both the parties got injured and one person died. He further submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and prays for allowing this petition.

4.It is submitted by the learned Government Advocate (Crl.Side) that it is a group clash, one person died and many of them are injured. He further submitted that this is the case and counter case and if the petitioners are released on bail and anticipatory bail respectively, there will be a further group clash and the investigation of the case is pending.

5.Considering the serious of nature of allegations levelled against the petitioners and if the petitioners are released on bail and anticipatory bail respectively, there will be a further group clash, this Court is not inclined to grant the relief sought for in these petitions.

6. Accordingly, the Criminal Original Petitions are dismissed. sd/- 21/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OFPOLICE, MALLANKINARU POLICE STATION, VIRUDHUNAGAR.

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

3 THE OFFICER IN CHARGE, DISTRICT JAIL, VIRUDHUNAGAR. +3. CCs to M/S G.MARIAPPAN Advocate SR.Nos,38455 to 38457. trp CSL/AAL-MPA/SAR-I/29.07.2016 : 3p/7c

ORDER

IN CRL OP(MD) NoS.12247,12256 AND 12295 of 2016 Date :21/07/2016