Sudalaikannan v. The Inspector Of Police

CRL OP(MD). No.12961 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.12961 of 2020 Sudalaikannan ... Petitioner/Accused No.4 Vs The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.334 of 2020.

... Respondent/Complainant For Petitioner : M/s.Aayiram K.Selvakumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.334 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is arrayed as accused No.4. He was arrested and remanded to Judicial Custody on 18.08.2020 for the offences punishable under Sections 294(b), 353, 307, 302 of IPC and Sections 3, 4(a) and 5 of Explosives Substance Act, in Crime No.334 of 2020, on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that Accused No.1 to 4 are close relatives. Then, the first accused made an attempt to attack the police, when the police made an attempt to catch hold of the first accused. The fourth accused intimidated the first accused and who in turn throws on hand bomb, which was exploded and a Head Constable, who accompanied the police team died unfortunately. Thus, the case was registered under Sections 3, 4(a) and 5 of Explosives Substance Act also. This apart, the petitioner/4th accused has actively connived with the first accused, who is no more for the commission of offence of murder.

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CRL OP(MD). No.12961 of 2020 3.In view of the fact that the investigations are in progress and the involvement of the petitioner/4th accused is established during the investigations, it is not preferable to release the petitioner on bail. As far as the present petition is concerned, A1 along with A-4 attacked the police team and one Head Constable died while throwing hand bomb. This being the serious allegation against the petitioner/4th accused, there is no reason to consider the bail petition and accordingly, the bail petition stands dismissed.

sd/- 11/11/2020 / 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 PRISON, PALAYAMKOTTAI.

2 THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12961 of 2020 Date :11/11/2020 SJI AE/JC/SAR-III (20.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2