A.Hameed Asfar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11292 of 2018 A.HAMEED ASFAR ... PETITIONER/ACCUSED No.7 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT CR NO.46 OF 2018. RESPONDENT/COMPLAINANT For Petitioner : MR.K.RAMANATHAN, Advocate For Respondent : MR.CHELLAPANDIAN, Additional Advocate General Assisted by MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Sections 153(A), 120(b) of I.P.C., r/w.

15(C), 17, 18, 19 and 20 of Unlawful Activities(Prevention) Act 1967 r/w. 25(1)(a) of Arms Act 1959 in Crime No.46 of 2018, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner submits that the detention orders passed against some of the accused were quashed by this Court. He also submits that some of the co-accused were granted bail by the Sessions Court. Contending that the petitioner is a student who is doing M.C.A., first year. He prays for Anticipatory Bail.

3.This Court heard, Mr.A.Robinson, learned Government counsel. The Deputy Superintendent of Police, Keelakarai police station, Ramanathapuram District, is also present before this Court. 4.The prosecution alleges that a "Whats App" group has been created and the aim of the said group is to wage war against the country. It appears that the petitioner is a member of the said "Whats App" group. The police received information and came to know https://hcservices.ecourts.gov.in/hcservices/

that the petitioner had attended one or two secret meetings conducted by the said group. The second accused has given a confession statement on 01.04.2018 in which the petitioner's name is also implicated. Out of the ten co-accused, six persons were arrested and four of them are absconding. The petitioner is one such. The case has implications for national security.

5. Therefore, this Court is of the view that granting anticipatory bail in such cases may not be appropriate. However, it is clarified that if the petitioner surrenders and applies for regular bail, the Court below shall decide the petitioner's bail application entirely uninfluenced by this order.

6. With these observations, the Criminal Original petition is dismissed.

sd/- 11/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to MR.K.RAMANATHAN, Advocate SR.No.12825

ORDER

IN CRL OP(MD) No.11292 of 2018 Date :11/07/2018 PK/RR/ASVM/16.07.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/