S.Pasumpon Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17830 of 2016 1 S.PASUMPON PANDIAN 2 SURESH @ MANI 3 AJMAL KHAN 4 ISSAC PRABAKARAN ... PETITIONERS/ACCUSED Nos.1,2,3 & 8 Vs STATE REP.BY THE INSPECTOR OF POLICE MADHICIYAM POLICE STATION, MADURAI CR.NO.33 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : MR.RAJARATHINAM, State Public Prosecutor assisted by MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- Petitioners/A1 to A3 and A8, who were arrested on 07.03.2016 and 07.09.2016 for offences punishable under Section 286 I.P.C. and Section 3 of Explosive Substances Act, 1908 @ Sections 147, 148, 109, 212 r/w 120-B I.P.C. and Section 4 of TNPPDL Act and Sections 3(a), 4 & 5 of Explosive Substances Act, 1908 in Cr.No.33 of 2016 on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to intra political rivalry between A1 and a sitting Minister of the State A1 conspired with other accused and in furtherance of such conspiracy they prepared petrol bombs and country bombs and on 09.01.2016 at about 10.30 p.m. A4 and A5 had placed the petrol bomb and country bomb just opposite to a stage in an open place with an intention to cause damages and at about 11.30 p.m.

A3 and A4 went to AIADMK party Office situated at Panagal Road and A3 threw petrol bombs on the office premises and at the same time A2 and A5 have hurled petrol bombs on the MLA office premises situated at By-Pass Road. 3.Learned counsel for petitioners submitted that except A8 other accused have suffered orders of detention and subsequently the detention orders were revoked and they have undergone custody for more than six months and A8 is in custody for more than one month and A6 and A7 were already released on bail. https://hcservices.ecourts.gov.

4.Learned Public Prosecutor submits that investigation stands completed and the matter is pending committal in P.R.C.No.23 of 2016 on the file of learned Judicial Magistrate No.2, Madurai. 5.Considering the facts and circumstances of the case and also the fact that A1 to A3 are in custody from 07.03.2016 and A8 is in custody from 07.09.2016, this Court is inclined to release the petitioners on bail. Accordingly, petitioners are ordered to be released on bail on each of them executing a bond in a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of learned Judicial Magistrate II, Madurai and on condition that 1st petitioner shall report before the said Court daily at 10.30 a.m for a period of one month and thereafter on all hearing dates before the said Court till the completion of committal proceedings and respondents 2 and 3 shall appear before the said Court on all hearing dates till the completion of committal proceedings.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE MADHICIYAM POLICE STATION, MADURAI.

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

+4. CC to M/S.R.VENKATESAN Advocate SR.No.54233

ORDER

IN CRL OP(MD) No.17830 of 2016 Date :21/09/2016 PA/AAL-MPA/SAR III/21.09.2016/2P/10C https://hcservices.ecourts.gov.in/hcservices/