Sankar @ Kuttai Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) Nos.6381,6363 and 6360 of 2017 SANKAR @ KUTTAI SANKAR ... PETITIONERS / ACCUSED NO.1 IN ALL THE PETITIONS Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT ... RESPONDENT / COMPLAINANT CR.NO.880/2016 IN CRL OP(MD) No.6381 of 2017 CR.NO.962/2016 IN CRL OP(MD) No.6360 of 2017 CR.NO.333/2017 IN CRL OP(MD) No.6363 of 2017 For Petitioner : M/S.R.BALAMURUGANANTHAM Advocate IN ALL THE PETITIONS For Respondent : MR.R.RAMACHANDRAN ADDITIONAL PUBLIC PROSECUTOR IN ALL THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- COMMON ORDER The petitioner/accused in all these petitions, who was arrested and remanded to judicial custody on 16.04.2017 for the alleged offences punishable under Sections 147, 148, 294(b), 324 and 307 I.P.C., and Section 3 of TNPPDL Act, 1992, in Crime No.880 of 2016, on the file of the respondent police seeks bail.
2. It is alleged that the petitioner, who is arrayed as accused in Crime No.880 of 2016, due to previous enmity, attacked one Vignesh, Nagarathinam and Karthik, causing severe cut injury with intention to kill them. According to the First Information Report, this petitioner had enmity with one Dhayanithi, S/o. Kulam Sekar, and to wreck vengeance, this petitioner along with others have brutally attacked the above said three persons, who are the associates of the said Dhayanithi and after brutally attacking the said three persons, they have proceeded the house of Dhayanithi and https://hcservices.ecourts.gov.in/hcservices/
damaged property worth Rs.5,000/-. This petitioner was apprehended by the police only on 16.04.2017, nearly five months after the said occurrence. Meanwhile this petitioner had involved in other two cases also for each the petitioner has moved bail in Crl.O.P.(MD). No.6360 of 2017 and 6363 of 2017 for the alleged offences under Sections 399 IPC., in Crime No.962 of 2016 and Sections 392, 397 and 506(ii) IPC., in Crime No.333 of 2017, respectively.
3. The learned Additional Public Prosecutor in all the three cases strongly opposed granting of bail for the reason that this petitioner being a notorious person involved in gang fight wanted to eliminate Dhayanithi, a member of the rival gang and pursuant to the said intention, attacked the associates of Dhayanithi. In the case registered in Crime No.880 of 2016, in the occurrence dated 14.11.2016, the police were able to apprehend the petitioner only on 16.04.2017 after much pursuit. If the petitioner is released on bail, he will again abscond and involve himself in criminal activities, which is not conducive for public peace.
4. Considering the submission made by the learned Additional Public Prosecutor, this Court is not inclined to grant bail to the petitioner taking note of his antecedents and long abscondance after committing crime on 14.11.2016. Hence, these Criminal Original Petitions are dismissed.
sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DIST. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.
ORDER
IN CRL OP(MD) Nos.6381,6363 and 6360 of 2017 Date :06/06/2017 MKV-CM-MSA-SAR 2/13.6.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/