Madras High CourtCRL OP(MD)/13549/2018dismissed

Muhilan v. The Inspector Of Police

2018-08-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13549 to 13554 of 2018 MUHILAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)Nos.13549,13450/2018 ... PETITIONER/ACCUSED No.3 IN CRL OP(MD)Nos.13551 of 2018 ... PETITIONER/ACCUSED No.4 IN CRL OP(MD)Nos.13552 to 13554 of 2018 Vs STATE THROUGH THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. RESPONDENT / COMPLAINANT IN ALL THE PETITIONS Crime No.369 of 2012...CRL OP(MD) No.13549 of 2018 Crime No.219 of 2013...CRL OP(MD) No.13550 of 2018 Crime No.369 of 2012...CRL OP(MD) No.13551 of 2018 Crime No.191 of 2013...CRL OP(MD) No.13552 of 2018 Crime No.192 of 2013...CRL OP(MD) No.13553 of 2018 Crime No.193 of 2013...CRL OP(MD) No.

13554 of 2018 For Petitioner : Mr.R.ALAGUMANI Advocate IN ALL THE PETITIONS For Respondent : Mr.K.CHELLAPANDIAN Additionl Advocate General Assisted by Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner in Crl.O.P.(MD)No.13549 of 2018 is arrayed as Accused. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.30 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 353, 342, 333, 365, 294(b), 397, 407 of I.P.C., and Section 13 of the Unlawful Assembly Act 1907 in Crime No.369 of 2012 on the file of the respondent police. He seeks bail.

2. The petitioner in Crl.O.P.(MD)No.13550 of 2018 is arrayed as Accused. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.33 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 294(b), 323, 307, 506(ii) of I.P.C., and Sections 3 and 4 of Explosive Substances Act 1908 in Crime No.219 of 2013 on the file of the respondent police. He seeks bail.

3. The petitioner in Crl.O.P.(MD)No.13551 of 2018 is arrayed as Accused No.3. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.44 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 294(b), 353, 188, 506(ii) of I.P.C., and Section 3 of T.N.P.P.D.L. Act in Crime No.369 of 2012 on the file of the respondent police. He seeks bail.

4. The petitioner in Crl.O.P.(MD)No.13552 of 2018 is arrayed as Accused No.4. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.46 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 294(b), 431, 427, 506(ii) of I.P.C., and Section 3 of T.N.P.P.D.L. Act in Crime No.191 of 2013 on the file of the respondent police. He seeks bail.

5. The petitioner in Crl.O.P.(MD)No.13553 of 2018 is arrayed as Accused No.4. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.47 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 294(b), 431, 427, 506(ii) of I.P.C., and Section 3 of T.N.P.P.D.L. Act in Crime No.192 of 2013 on the file of the respondent police. He seeks bail.

6. The petitioner in Crl.O.P.(MD)No.13554 of 2018 is arrayed as Accused No.4. He was arrested and remanded to judicial custody on 18.09.2017 in P.R.C.No.47 of 2014 on the file of the learned Judicial Magistrate, Valliyur, for the offences punishable under Sections 147, 148, 294(b), 431, 427, 506(ii) of I.P.C., and Section 3 of T.N.P.P.D.L. Act in Crime No.193 of 2013 on the file of the respondent police. He seeks bail.

7. The learned Additional Advocate General raised his objection that there is no justification in bypassing the Sessions Court. The petitioner must move the Sessions Court for grant of bail and only it if it is dismissed, he would be justified in coming to this Court.

8. Sustaining the objections raised by the learned Additional Advocate General, this Court dismisses the Criminal Original petitions by relegating the petitioner to move the Sessions Court, before knocking the doors of this Court. It is needless to mention here that this Court has not expressed any opinion on the merits of the matter. The Sessions Court will consider the issue entirely on its own merits.

9. The Criminal Original petitions stand dismissed, accordingly.

sd/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,VALLIYUR.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON MADURAI.

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

+1. CC to Mr.R.ALAGUMANI Advocate SR.No.14680

ORDER

IN CRL OP(MD) No.13549 to 13554 of 2018 Date :01/08/2018 TK/RR/SAR.1/10.08.2018/3P-7C