N.Asaraf Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9569 of 2015 1 N.ASARAF ALI 2 B.ALTAF ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION,KANYAKUMARI DISTRICT, CR.NO.328/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- These petitioners apprehending arrest filed applications in Crl.O.P(MD)Nos.1107 and 1108 of 2015 for anticipatory bail. This Court, after elaborately considering the case, dismissed the applications on 13.02.2015. The second application of these petitioners were also dismissed on 15.04.2015.

2. Mr.S.M.A.Jinnah, learned counsel for the petitioners submitted that the petitioners were implicated in this case only on the confession of the first accused and though the first accused has been in judicial custody, the first respondent police have not conducted the test identification parade. It is further submitted that the respondent has registered three cases against the petitioners and in the connected cases, the petitioners were granted anticipatory bail in Crl.O.P.(MD)No.9574 of 2015. It is further submitted that the petitioners are innocent and they may be released on anticipatory bail.

3. The learned Government Advocate (crl. Side) opposed the application stating that the petitioners have committed heinous crime and their earlier application was dismissed on merits and therefore, the petitioners are not entitled for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the nature of allegation against these petitioners, this Court was not inclined to release them on anticipatory bail and therefore, I am of the opinion that the petitioners are not entitled for anticipatory bail.

5. The Criminal Original Petition is dismissed. sd/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9569 of 2015 Date :08/06/2015 AA/15.06.2015/2p - 3c/ https://hcservices.ecourts.gov.in/hcservices/