Arumaikodi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.897 of 2015 ARUMAIKODI ... PETITIONER/ACCUSED NO. 5 Vs STATE REP BY THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANATHAPURAM DT, CRIME NO.110/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MAYAPERUMAL Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.12.2014 for the alleged offences punishable under Sections 294(b), 506(ii) IPC r/w Section 5 of Indian Explosive Substance Act, 1908 in Crime No.110 of 2011 on the file of the respondent police, seeks bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.
3. The case of the prosecution is that on 29.12.2011, Boominathan (A1) picked up quarrel with the defacto complainant and in the evening, he was in possession of bombs near the house of the defacto complainant. At that time, one bomb suddenly fell down and exploded. During the course of investigation, it came to light that Boominathan was carrying bombs to hurl at the defacto complainant and murder him. Some of the accused were arrested and in their confession statement, they have clearly implicated this petitioner as a part of the gang, which was intending to commit murder of the defacto complainant.
4. In Paragraph No.4 of the counter affidavit, respondent has given a number of cases pending against this petitioner. https://hcservices.ecourts.gov.in/hcservices/
Sl.
No.
Crime No.
Police Station Offence 1.
750 / 2009 South Police Station, Rajapalayam U/s.147, 294(b), 506(ii) of IPC 2.
796 / 2010 North Police Station, Rajapalayam U/s.286, 429 of IPC r/w 9(b)(1)IE Act, 3.
71 / 2014 Sethur Police Station, Virudhunagar District U/s.3 & 5 of Explosive Substance Act 4.
01 / 2010 Forest Range, Rajapalayam U/s.9 & 39 of WLOR Act Sl.
No.
Crime No.
Police Station Offence 5.
05 / 2011 Forest Range, Rajapalayam U/s.9 & 39 of WLOR Act 6.
02 / 2013 Forest Range, Rajapalayam U/s.21(D)(E)(F) of STOR Act
5. Learned counsel for the petitioner submitted that the incident is of the year 2011 and only now, the petitioner has been arrested. That may not be a good reason to grant bail to this petitioner in view of the reason that this petitioner was absconding and involved in other illegal activities.
6. Taking into consideration the serious nature of allegation against this petitioner, this is not a fit case to grant bail to him. Hence, the Criminal Original Petition is dismissed. sd/- 12/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE,KADALADI POLICE STATION, RAMANATHAPURAM 2 THE ADDL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE SUPERINTENDENT,CENTRAL PRISON, RAMANATHAPURAM
ORDER
IN CRL OP(MD) No.897 of 2015 Date :12/02/2015 AA/17.02.2015/2p- 4c/ https://hcservices.ecourts.gov.in/hcservices/