Madras High CourtCRL OP(MD)/8552/2020dismissed

Abinesh v. The Inspector Of Police

2020-08-31Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. Abinesh

2. Maharajan

3. Kombia

4. Manikandan

5. Arunkumar

6. Ammu @ Venkatesh

7. Rameswaram ... Petitioners/A2,A3,A4,A5,A7,A8 and 9th Accused Vs The State rep.by The Inspector of Police, Thachanallur Police Station, Tirunelveli City, Tirunelveli District (Crime No. 976/2020).

... Respondent/Complainant For Petitioners : Mr. P.Naveen Kumar, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 976 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A2,3,4,5,7,8 and 9 herein was arrested and remanded to judicial custody on 30.07.2020 for the alleged offences under Sections 120(b) of IPC r/w.25(1-A) Arms Act, 1959. 1/3

2. The case of the prosecution is that on secret information when the respondent police conducted search the petitioners herein conspired together with dangerous weapon to murder one Thalavai. Hence the complaint.

3. The learned counsel for the petitioners would submit that petitioners are innocent and they have been falsely implicated in this case.

4. The learned Additional Public Prosecutor would submit that the so many cases are pending against the petitioner and they are notorious rowdy elements with history sheet. He would also submit that the petitioners herein conspired together with deadly weapons to murder one Thalavai and the weapons were seized by the respondent police. If they are released on bail, they will indulge in similar type of offences again and law and order problem will arise in that area. Hence he opposed to grant bail to the petitioners.

5. Taking into consideration all the facts and circumstances of the case and also the fact that the petitioners are rowdy elements having several previous cases and also taking into consideration the submission made by the learned Additional Prosecutor that if the petitioners are released on bail, they will indulge in similar type of offences again and law and order will arise in that locality, this Court is not inclined to grant bail to the petitioner.

6. Hence this petition stands dismissed.

sd/- 31/08/2020 / TRUE COPY / / /2020 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 SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

2.THE INSPECTOR OF POLICE, THACHANALLUR POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8552 of 2020 Date :31/08/2020 AAV AE/VR/SAR-III (02.09.2020) 3P 4C 3/3