S. Jeyakumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.2900 of 2016 S.Jeyakumar ..Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, E2-Mathichiam Police Station, Madurai.

3.The Inspector of Police, CBCID, Madurai District. .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent police to transfer the investigation in Crime No.33 of 2016 dated 02.01.2016 on the file of the second respondent police to the third respondent. For Petitioner :Mr.M.Chandrabose For Respondent :Mr.K.V.Rajarajan Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the first respondent police to transfer the investigation in Crime No.33 of 2016 dated 02.01.2016 on the file of the second respondent police to the third respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. It is seen that a bomb had exploded on 10.01.2016 near a party office of a Minister, in connection with which a case in Cr.No.33 of 2016 under various provisions of explosive substances has been registered against unnamed persons. During the course of investigation, the respondent police have issued summons to the petitioner under Section 41(A) Cr.P.C. Challenging the same, the petitioner has come before this Court for transfer of investigation alleging that the investigation is malafide.

4. It is represented by the learned Government Advocate (Crl.Side) that the petitioner is a history sheeted rowdy and involved in the case in Cr.No.384 of 2011 for offence under Section 302 I.P.C. and in Cr.No.99 of 2016 for the offences under Sections 387 and 506(ii) I.P.C.

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5. This Court is not inclined to countenance the submissions of the learned Counsel for the petitioner, because the police have issued only summons under Section 41(A) Cr.P.C. and the investigation is at an very infant stage. Hence, there is no ground for transferring the investigation of such Explosive Substances case from the second respondent police. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

ssl To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, E2-Mathichiam Police Station, Madurai.

3.The Inspector of Police, CBCID, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

RG.JGB-DP/SAR-I 26.02.2016 2P/5C Crl.OP (MD)No.2900 of 2016 18.02.2016 https://hcservices.ecourts.gov.in/hcservices/