Moorthy @ Manthira Moorthy v. The Inspector Of Police

CRL OP(MD).No.5566 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD).No.5566 of 2021 Moorthy @ Manthira Moorthy ... Petitioner/Accused Rank Not Known Vs.

The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

Cr.No.288 of 2020.

... Respondent/Complainant For Petitioner : Mr.Angusamy.V, Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.288 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 3 of Explosive Substances Act and Sections 147, 148 and 506(ii) IPC, in Crime No.288 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 10.05.2020 in night hours the village people heard an explosion and they informed the same to the Village Administrative Officer. He in turn visited the place of occurrence and informed by the villagers that some person exploded the country made bomb and threatened the villagers that they would be killed by same, if the police is informed. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD).No.5566 of 2021 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner is having nine previous cases. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.It is seen from the submission that on 04.06.2020 at about 4.45 p.m. the Village Administrative Officer of Vellur along with village assistant Sivasubramanian were in patrol, they were informed that on 10.05.2020 at about 9.00 p.m. the petitioner and others exploded country made bomb. When the public enquired about the exploding of bomb, the accused and others criminally intimidated them.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner along with other accused persons said to have manufactured country bomb and also exploded them and nine previous cases are pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Hence, this criminal original petition stands dismissed. sd/- 19/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION,THOOTHUKUDI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5566 of 2021 Date :19/04/2021 SMA/24/04/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2