Maniyarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9991 of 2016 1 MANIYARASAN 2 AYYAPPAN 3 SENTHIL @ KARUPPASAMY @SENTHIL 4 RAJAMOHAMED ... PETITIONERS/ A1 TO A4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TMCH POLICE STATION,THANJAVUR, THANJAVUR DISTRICT.

(CRIME NO. 81 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.BALAJI Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1 to 4 and the petitioners 1 to 3 were arrested and remanded to judicial custody on 07.04.2016 and the fourth petitioner was arrested and remanded to judicial custody on 11.04.2016 for the alleged offences punishable under Sections 147, 148, 353 IPC read with Sections 4,5,6 of Explosive Substances Act, 1908 and Section 25(I-B)(b) of Arms Act, 1959, in Crime No.81 of 2016, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that the de facto complainant, who is the Sub Inspector of Police, went to Thanjavur Medical College Hospital to record the statement of the accused in Crime No.87 of 2016. At that time, he saw the petitioners and others standing in a suspicious manner. When he enquired them, they did not give proper answer and started running. He chased them and found that they were standing near a Scorpio Car with deadly weapons and they shouted the de facto complainant stating that they will not care that he is a police and they will throw bomb and kill him and thereafter they drove the car and two wheeler in a rash and negligent manner at a high speed and the people who were standing near that place, ran away fearing their life. On complaint, case has been registered for the above said offences. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners 1 to 3 are in judicial custody from 07.04.2016 and the fourth petitioner is in judicial custody from 11.04.2016.

4.The learned Government Advocate(Crl.side) submitted that the petitioners and other accused went to Thanjavur Medical College Hospital with deadly weapons to murder the rival group member due to previous enmity and threatened the de faco complainant that they will throw bomb and kill him. Investigation is pending. The earlier petition for bail filed by the petitioners in Crl.O.P(MD)No.8415 of 2016 was already dismissed as withdrawn vide order dated 07.06.2016. 5.Considering the facts and circumstances of the case and also considering the serious nature of allegations levelled against the petitioners and investigation is pending and the earlier petition for bail was already dismissed as withdrawn, this Court is not inclined to enlarge the petitioners on bail and accordingly this petition is dismissed.

sd/- 30/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR.

3 THE INSPECTOR OF POLICE, TMCH POLICE STATION, THANJAVUR,THANJAVUR DISTRICT.

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

JA-SKS-SAR.II/06.07.2016/2P;5C

ORDER

IN CRL OP(MD) No.9991 of 2016 Date :30/06/2016 https://hcservices.ecourts.gov.in/hcservices/