Madras High CourtCRL OP(MD)/3514/2016dismissed

V.C. Rajendran v. The Inspector Of Police

2016-03-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3514 of 2016 1 V.C. RAJENDRAN 2 V.C.DARMAR @ DARMARAJ ... PETITIONER/ACCUSED NO.1 AND 2 Vs STATE THROUGH THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT, CRIME NO.40 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Crl.O.P.(MD) No.3514 of 2016 Reserved on Pronounced on 03.03.2016 07.03.2016 The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147 and 307 IPC in Crime No.40 of 2016 on the file of the respondent police, seek anticipatory bail.

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

3. The case in Crime No.40 of 2016 has been registered only on 03.02.2016 for offences under Sections 147 and 307 IPC, based on the complaint lodged by Dawood Hussain, Sub-Inspector of Police, Eriodu Police Station.

4. On reading of the FIR, it is seen that the Sub-Inspector of Police and his team were conducting routine vehicle check on 03.02.2016 around 18.30 hours. At that time, the accused along with https://hcservices.ecourts.gov.in/hcservices/

others came by a Scorpio car bearing Reg.No.47-AB-5 followed by others in two motorbikes. When the Police party stopped their vehicles, the accused attempted to mow down the Police with their vehicles. The Police were able to seize the two motorcycles, since the drivers of the motorcycles jumped into the Scorpio car and escaped.

5. Mr.R.Alagumani, learned counsel for the petitioners / accused vehemently submitted that the very FIR sounds unbelievable and that it is sequel to the writ petition in W.P.No.2733 of 2016 that was filed by the mother of the petitioners, making allegations against Police Officers.

6. Learned Government Advocate (Crl.Side) strongly refuted the allegations and filed a counter, signed by the Inspector of Police, Eriodu Police Station, wherein in Paragraph No.6, it has been stated that the petitioners are brothers and they are history sheeted rowdies. In the counter, the Police have given the details of 57 cases against V.C.Rajendran (1st petitioner) and 13 cases against his brother V.C.Darmar @ Darmaraj (2nd petitioner) for serious offences, including murder, attempt to murder, robbery, Arms Act, Explosive Substances Act, NDPS Act etc.

7. Taking into consideration the antecedents of these petitioners, this Court is not inclined to grant anticipatory bail to them. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 07/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE,ERIODU POLICE STATION, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

CSL/SK-SKN/SAR-I/10.03.2016/2p/3c

ORDER

IN CRL OP(MD) No.3514 of 2016 Date :07/03/2016 https://hcservices.ecourts.gov.in/hcservices/