The Inspector Of Police v. Manikandan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.9056 and 9066 of 2018 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT ... PETITIONER / COMPLAINANT IN BOTH THE PETITIONS CRIME NO. 165/2018 ... CRL OP(MD)No.9056/18 CRIME No. 164/2018 ... CRL OP(MD)No.9066/18 Vs 1 MANIKANDAN S/O KARUPPASAMY 2 SEENIVASAN 3 GOPI ANAND 4 ARUL MICHEAL 5 SARAI MUNIYANDI 6 PREM KUMAR 7 SELVARAJ 8 MARIAPPAN 9 RAJA PRABHU 10 MANIRAJ 11 KANNAN 12 VIMAL 13 JOTHIBASU 14 SURESH 15 PRINCE SHOW 16 GANESH 17 PALAVESAMUTHU 18 TERRANCE INPENT 19 VIMAL KUMAR 20 AJITH 21 NARESH 22 EDISTON 23 VIKNESH 24 KARUPPASAMY 25 JESURAJ 26 THIRUPATHI ALWAR 27 DANIEL 28 JEYASTON 29 JONESON 30 JEEVA
31 VINOTH KUMAR 32 BALAMURUGAN S/O KUMARASAMY 33 ANTONYRAJ 34 GUNASEKAR 35 MUNIASAMY 36 SERIL 37 JOHN SAMUEL 38 STALIN S/O ALWIN 39 AYYAPPAN 40 MANI 41 SELVAM 42 BALAMURUGAN S/O LAKSHMANAN 43 DAVIDSON 44 MUTHUKUMAR 45 VICKY @ VIGNESH 46 SUTHAGAR RAJ 47 NICHOLAS VINITH 48 SAKTHIVEL 49 ARUL SUDHAKAR 50 SELVAM 51 SIVASUBRAMANIAN 52 MUNIYASAMY 53 STALIN S/O KALIYAPPAN 54 VALLIDURAI 55 SHUNMUGARAJ 56 CHANDANARAJ 57 MANIKANDAN S/O RAJ 58 MARIMUTHU S/O ULAGANATHAN 59 BALAGURU 60 EDWIN 61 MARIMUTHU S/O VALLINAYAGAM 62 MATHEW ARUNAN 63 ARUL MAHESH 64 MUNIYADOSS 65 MICHEAL ATHIBAN ... RESPONDENTS / ACCUSED Nos.1 to 65 IN BOTH THE PETITIONS PRAYER IN CRL OP(MD)No.9056/18:- Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Cancel the Bail granted to the respondents/accused by the learned Vacation Sessions Judge/Principal Sessions Judge, Thoothukudi in CR.M.P.No.1478/2018, dated 24/05/2018.
Prayer in CRL OP(MD). 9066/ 2018 :
To cancel the bail granted to the respondents/accused by the Learned Vacation Sessions Judge/Principal Sessions Judge, Thoothukudi in Cr.M.P.No.1477/2018, dated 24/05/2018 Order: These petitions coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.CHELLAPANDIAN, Additional Advocate General Assisted by Mr.R.ANAND RAJ, Additional Public Prosecutor for the petitioner and of Mrs.L.SHAJI CHELLAN, Advocate for RR 1,3,4,7,8,10 to 26,29,30, 32 to 65, in both the petitions and Mr.E.SUBBU MUTHURAMALINGAN, Advocate for R5 in both the petitions, and the court made the following order:- The State has filed these Criminal original petitions for cancelling the orders passed by the Principal Sessions Court, Thoothukudi granting bail to the respondents herein. The FIR in Crime No.
164 of 2018 was registered on the file of the Inspector of Police, Pudukottai Police Station, Thoothukudi District for the offences under Sections 147, 148, 341, 324 and 435 of I.P.C. and Section 3 of TNPPDL Act, 1992 in Cr.M.P.No.1477 of 2018 The FIR in Crime No.165 of 2018 was registered on the file of the Inspector of Police, Pudukottai Police Station, Thoothukudi District for the offences under Sections 147, 148, 353 of I.P.C. and Section 3 of TNPPDL Act, 1992 in Cr.M.P.No.1478 of 2018. The FIRs were registered in connection with the protest against the functioning of the Sterlite Factory at Thoothukudi District. A large number of persons were arrested by the Police in connection with those incidents. The situation was truly extraordinary. Therefore, it warranted an extraordinary response also.
Since it came to be known that a large number of persons have been rounded up and arrested purely an suspicion, search warrants were issued under Section 97 of Cr.P.C.
2.After obtaining permission from the High Court, the learned Principal Sessions Judge, Tuticorin, held a vacation sitting and took up the matter.
3.The learned Additional Public Prosecutor of the District was put on notice.
4.After hearing both sides, the learned Principal Sessions Judge granted bail to the respondents herein and directed their release on their own bond. These orders granting bail on their own bond are challenged in these Criminal Original Petitions. 5.It is settled that grant of bail is one thing while cancellation of bail already granted is entirely a different matter. In this case, this Court is concerned with the request for cancellation of the bail already granted. Unless it is shown that the Sessions Court had taken into account irrelevant aspects or it granted bail by ignoring relevant materials, the orders granting bail cannot be upset. The matter was listed for admission on
06.06.2018 and this Court ordered notice to the private respondents. The matter was again taken up on 20th June and adjourned to today (i.e., 27.06.2018). Even at the time of ordering notice on 06.06.018, this Court made it abundantly clear to the prosecution that unless clinching materials are placed before this Court implicating the private respondents herein for the offences in question, the order granting bail will not be interfered with. A full 21 days have passed since this Court made its stand clear. 6.Today when the matter was taken up for disposal, the State is not in a position to place any material linking the private respondents herein with the commission of the offences in question. It is not the case of the Police that the private respondents herein are having any bad antecedents. It is also not the case that the private respondents have since misused the liberty granted to them by the Court. In view of these undisputed factors, this Court is of the view that the case for cancellation of bail is simply not made out.
7.The Criminal Original Petitions stand dismissed. sd/- 27/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE VACATION SESSIONS JUDGE/ PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI 2 THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI tsg JAM/04/07/2018/ JC/RNB/ 4P-4C
ORDER
IN CRL OP(MD) Nos.9056 and 9066 of 2018 Date :27/06/2018